06 LC 28
2684
House
Bill 1162
By:
Representatives Fleming of the
117th,
Ralston of the
7th,
Everson of the
106th,
Knox of the
24th,
and Setzler of the
35th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia
Annotated, relating to general provisions concerning the Department of Community
Affairs, so as to require the Department of Community Affairs to investigate and
refer for prosecution cases of Section 8 housing fraud and abuse; to provide for
administrative and civil remedies; to provide for pretrial diversion under
certain circumstances for persons accused of Section 8 fraud or abuse; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating
to general provisions concerning the Department of Community Affairs, is amended
by adding a new Code Section 50-8-3.1 to read as follows:
∀50-8-3.1.
(a)
The department shall have the power and duty to investigate fraud and abuse in
the federal Section 8 Housing Choice Voucher Program administered by the
department pursuant to 42 U.S.C. Section 1437, et seq., as amended.
(b)
When cases of criminal fraud or abuse are discovered or detected, the department
shall refer such cases where warranted to the district attorney of the county in
which the fraud or abuse occurred for prosecution. Such cases shall be
prosecuted as violations of Code Section 16-8-3, relating to theft by deception;
Code Section 16-10-20, relating to making false statements or writings; Code
Section 16-10-71, relating to false swearing; or any other such criminal
provision as the district attorney may deem appropriate under the facts and
circumstances of the case.
(c)
When a case of fraud or abuse is discovered or detected that is not criminal in
nature or when a prosecutor declines to prosecute a case referred by the
department under this Code section, the department shall have the authority to
settle such case on such terms and conditions as the department finds suitable
under the facts and circumstances of the case. In addition, the department
shall be authorized to initiate and prosecute civil actions to recoup
overpayments or improper payments. The department shall also have the authority
to settle such civil cases on such terms and conditions as the department finds
suitable under the facts and circumstances of the cases.
(d)(1)
Prior to the filing of an accusation or the return of an indictment alleging
fraud or abuse in the federal Section 8 Housing Choice Voucher Program
administered by the department, a prosecuting attorney may defer further
prosecution of such accusation or indictment and shall have the authority to
enter into a consent agreement with the individual in which such individual
admits to any overpayment, consents to disqualification for such period of time
as is or may hereafter be provided by law or by the rules and regulations of the
department, and agrees to repay, as restitution, such overpayment. Such
agreement may provide for a lump sum repayment, installment payments, formula
reduction of benefits, or any combination thereof. Such agreement shall toll
the running of the statute of limitations for such offense for the period of the
agreement. A consent agreement entered into in accordance with this subsection
shall not constitute a criminal charge.
(2)
Any such agreement shall be filed in the criminal docket of the court having
jurisdiction over the violation without the necessity of the state filing an
accusation or an indictment being returned by a grand jury. The clerk shall
enter upon the docket 'CONSENT AGREEMENT NOT A CRIMINAL CHARGE.'
(3)
Upon successful completion of the terms and conditions of the consent agreement,
criminal prosecution of the individual for such offense shall be barred;
provided, however, that nothing in this paragraph shall prohibit the state from
introducing evidence of such offense as a similar transaction in any subsequent
prosecution or for the purpose of impeachment. The successful completion of the
terms and conditions of the agreement shall not be considered a criminal
conviction.
(4)
If the individual fails to comply with the terms of such consent agreement, the
state may proceed with a criminal
prosecution.∀
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.