HB 140 — Fines and Forfeitures: Capping Local Government Revenue from Citation Fines and Forfeitures

This legislation would prohibit local governments from deriving more than 10 percent of funds for its budget from funds collected by such local government as criminal or civil fines or as a result of criminal or civil forfeiture action. Any funds received by the local government in excess of the 10 percent amount would escheat to the state at the end of the local government's fiscal year. 

Importantly, for any city above this 10 percent amount, this would mean a reduction in revenues available for the provision of local government services, including for public safety purposes. If such local government has a reduction of greater than 5 percent it would very likely put the local government in direct contradiction with O.C.G.A. § 36-60-29 which prohibits the defunding of law enforcement and was enacted during the 2021 legislative session.