Proposed Changes to Law on Forfeiture of Drug Proceeds Concern Law Enforcement

A bill making its way through the Georgia legislature has many members of law enforcement up in arms over the impact they believe it will have, not just on their ability to cut down on illicit drug activity, but also on their already strapped budgets. House Bill 1, a 92 page amendment to the civil law on forfeiture and seizure of property, would make it more difficult for members of law enforcement to seize property purchased with the proceeds of criminal behavior, according to some local sheriffs.

Click here to read the proposed bill.

Sheriff Jud Smith urged residents to contact local legislators and urge them to vote 'No' on the bill.

"This bill attacks our current search and seizure laws which have been upheld in appellate courts. This bill will do nothing but help those criminals who profit from poisoning our loved ones with illicit drugs," Smith wrote. "The law enforcement agencies here in Barrow County and across the state need your help. As your Sheriff I am asking that you write, call, or email your House of Representative and your Senator and tell them you want them to vote NO on HOUSE BILL 1."

Walton County Sheriff Joe Chapman said he shares Smith's sentiments, and more.

"Drug users and dealers get nothing more than a slap on the hand from our state prison system. Now that we've had "judicial reform" drug dealers don't even get a slap on the hand, we simply put them on probation and tell them not to do it again," Chapman said. "Currently the only real retribution is to take the things that were gained from their illegal drug activity.The only people that this Bill HB-1 benefits are the drug dealers and lawyers. It is my understanding that  this Bill is being pushed by a "left leaning Republican lawyer" Wendell Willard R-Sandy Springs and Mike Jacobs R-Brookhaven also a lawyer. I know the people that I work for in Walton County are not for being soft on drug dealers and I bet the people in Sandy Springs and Brookhaven aren't either."

But Willard says it's not the real criminals the bill is designed to protect, it's those wrongly accused who might inadvertently end up losing their property.

"It's designed to protect those with the least means among us," Willard said. "The bill doesn't do anything to stop the fruits of criminal activity being appropriated. It just makes sure that it allows for due process and requires the appropriate judicial oversight. There must be a reasonable procedure for someone to get their property back in those cases."

Willard said the bill also requires that the money and property seized be tracked.

"It requires a level of transparency. For some reason this does not sit well with many sheriffs," Willard said.

Both Smith and Chapman say it's not just that they believe there would be less of a deterrent on criminal activity should HB 1 pass, but that it would also have an adverse effect on already strapped budgets.

"The effects this Bill would have on the Walton County Sheriffs Office would be enormous," Chapman said. "For the last three years my budget has been cut. The money that is seized or forfeited from drug dealers is used in numerous ways, all in accordance with the current statute. This money also lightens the burden on the land owning taxpayer."

In his letter, Smith said that the illicit drug business is likely the most profitable industry in Barrow County, and those who engage in it are doing so tax free.

"These criminals are poisoning our loved ones and children and making a tax free profit every day," Smith wrote, going on to list some of the purchases from seized proceeds that have benefited the taxpayer base in Barrow County. These included bullet proof vests, more than 10 vehicles in the last five years, a sex offender watch system and many more, including equipment for school resource officers relating to school safety.

Chapman said he has spoken to Georgia Representatives Bruce Williamson and Tom Kirby and believes he has their assurances that they do not support HB 1.

Do you support HB 1 or do you think the law on seizure and forfeiture on illicit drug proceeds should remain as it is?