Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1390: Motor vehicles; declare vehicles used in the commission of reckless stunt driving offenses contraband and authorize forfeiture
Last action February 24, 2026 · House Committee Favorably Reported By Substitute
A House Judiciary Committee substitute to HB 1390 would let Georgia seize and forfeit any vehicle used in a reckless stunt driving offense as soon as the driver is convicted, without requiring a prior conviction first.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Current Georgia law on reckless stunt driving (O.C.G.A. § 40-6-390.1) only lets the state treat a vehicle as contraband subject to forfeiture if the driver had already been convicted once before and was then arrested and charged with another violation. This substitute bill removes that prior-conviction requirement. Instead, a vehicle becomes contraband and can be forfeited once its driver is arrested and convicted of a single reckless stunt driving offense. The bill keeps an existing hardship provision: if the seized vehicle is a family's only vehicle, a judge can transfer its title to another licensed family member who needs it for work or family transportation, as long as any liens on the vehicle are honored. That transfer can happen only once per vehicle. The forfeiture itself still follows the procedures already set out in Chapter 16 of Title 9 of Georgia law, which governs property forfeiture generally.
What the bill does
- Removes the requirement that a driver have a prior reckless stunt driving conviction before their vehicle can be declared contraband.
- Changes the trigger for forfeiture from being merely arrested and charged to being arrested and actually convicted of a reckless stunt driving offense.
- Keeps in place the rule letting a judge transfer title of a seized family vehicle to another licensed family member facing financial hardship.
- Continues to route these forfeitures through Georgia's existing forfeiture procedures under Chapter 16 of Title 9.
Who it affects
Drivers convicted of reckless stunt driving in Georgia, their family members who may rely on a shared vehicle, law enforcement agencies that seize vehicles, and Georgia courts that process forfeiture cases and any hardship title transfers.
Why it matters
Under this change, a single reckless stunt driving conviction, not a second offense, would be enough for the state to seize and potentially sell the vehicle involved. That expands how often vehicles can be forfeited, while the existing family-hardship transfer option would still offer some protection against losing a household's only car.
Key provisions
- Section 1 revises subsection (c) of O.C.G.A. § 40-6-390.1 to drop the requirement that a driver already have a prior conviction under this section.
- Section 1 also changes the forfeiture trigger from being 'charged with' a violation to being 'convicted of' a violation.
- Subsection (c)(2) preserves the option for a judge to transfer title of a family's only vehicle to another licensed family member if forfeiture would cause outsized financial hardship.
- Section 2 repeals any conflicting laws, a standard closing provision.
Discussed in meetings (5)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Non-Civil Committee, February 23, 2026
From 1:16:20 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1390 would allow forfeiture of vehicles used in reckless stunt driving without requiring a prior conviction, aiming to deter dangerous gatherings. The sponsor described an existing hardship provision allowing transfer to another licensed family member. An Atlanta Police Department witness supported stronger vehicle restrictions. Witnesses for the Southern Center for Human Rights and Georgia Association of Criminal Defense Lawyers opposed taking property based on accusations. Defense witnesses said felony cases could take one to three years while forfeiture could occur within 60 to 120 days, and urged allowing more time to evaluate 2024 changes. Members questioned protections for other owners, return of vehicles after acquittal, and whether police could hold cars pending conviction. A defense witness acknowledged a general innocent-owner defense after initially questioning its availability. A Prosecuting Attorneys' Council witness said forfeiture is a separate civil process with notice requirements and warned that waiting for conviction could cause lengthy delays and loss of vehicle value. The sponsor accepted a conviction requirement. The committee adopted an amendment replacing charged with convicted and approved the amended bill by voice vote, with opposition audible.
House Rules Committee, February 25, 2026
From 0:35:41 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1390 would allow vehicles used in reckless stunt driving to be declared contraband after arrest and conviction, adding a deterrent that could apply on a first offense. One member asked how this differed from existing vehicle forfeiture procedures and what would happen if a vehicle were sold before conviction. The sponsor described existing protections when someone other than the driver owns the car, but did not finish answering the sale question. That member suggested further discussion. A second member reviewed a committee change from language allowing action upon arrest and charges to language requiring conviction. A third member emphasized that declaring the vehicle contraband under the bill would require conviction and would not change the separate civil forfeiture process. The sponsor agreed. No scheduling decision was shown.
House Rules Committee, March 6, 2026
From 1:19:49 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 2178
Summary by Georgia Commons: The presenter said HB 1390 would make vehicles used in reckless stunt driving subject to forfeiture following conviction. The presenter said the substitute exempted stolen and rental vehicles. A committee member asked whether vehicles could already be seized through civil forfeiture and whether the bill would weaken that option. The presenter distinguished forfeiture following a criminal conviction from civil proceedings, said the two might be separate matters, and offered to discuss the question further outside the meeting. The member said existing enforcement tools should not be weakened. The committee accepted the substitute and later placed it on the supplemental floor calendar.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Inga Willis (D, HD-55)
- Kim Schofield (D, HD-63)
- Mekyah McQueen (D, HD-61)
- Bryce Berry (D, HD-56)
- Betsy Holland (D, HD-54)
- Sheila Jones (D, HD-60)
Topics
- reckless stunt driving
- vehicle forfeiture
- traffic law
- criminal penalties