§ 9-16-18. Forfeited Property Vests in State at Time Conduct Giving Rise to Forfeiture Committed; Release of Property Upon Entry of Judgment in Favor of Owner
All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter shall be ordered to be forfeited unless the […]
§ 9-16-19. Disposition of Forfeited Property; Order of Distribution; Annual Report
As used in this Code section, the term: “Entity” means and includes, but shall not be limited to, a law enforcement agency, multijurisdictional task force, or office, agency, authority, department, commission, board, body, division, instrumentality, or institution of the state or any political subdivision. “Law enforcement agency” means a governmental unit of one or more […]
§ 9-16-20. Court May Order Forfeiture of Other Property Under Certain Circumstances; Civil Action; Enforcement of Judgments; Persons Having Interest in Property Barred From Collaterally Attacking Forfeiture Proceedings; Limitations
The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture if any of the forfeited property: Cannot be located; Has been transferred or conveyed to, sold to, or deposited with a third party; Is beyond the […]
§ 9-16-21. Effect of Federal Law Forfeitures; Annual Report
Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof shall be utilized by the law enforcement agency or political subdivision to which the property or proceeds are so transferred […]
§ 9-16-22. Construction
This chapter shall be liberally construed to effectuate its remedial purposes. History. Code 1981, § 9-16-22 , enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.
§ 9-16-7. Reporting of Seizure; Role of State Attorney
When property that is intended to be forfeited is taken by any law enforcement officer of this state, within 30 days thereof the seizing officer shall, in writing, report the fact of seizure and conduct an inventory and estimate the value of the property seized and provide such information to the district attorney of the […]
§ 9-16-8. Forfeiture Lien
A state attorney may file, without a filing fee, a forfeiture lien upon the initiation of any civil forfeiture proceeding or criminal proceeding or upon seizure for forfeiture. The forfeiture lien filing shall constitute notice to any person claiming an interest in the property owned by the named person. The forfeiture lien shall include the […]
§ 9-16-9. Seized Property Not Subject to Replevin, Conveyance, Sequestration, or Attachment; Release of Property; Assignment of Complaint for Forfeiture; Custodian of Property
Property attached or seized under this chapter shall not be subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the state attorney may authorize the release of the attached or seized property if the forfeiture or retention is unnecessary or may transfer the civil forfeiture proceeding to another agency or state […]
§ 9-16-10. Disposition of Seized Property
If property is seized, the state attorney may: Remove the property to a place designated by the superior court having jurisdiction over a civil forfeiture proceeding; Place the property under constructive seizure by giving notice of pending forfeiture to its owners and interest holders and filing notice of seizure in any appropriate public record relating […]
§ 9-16-11. Quasi-Judicial Forfeiture for Property Valued at $25,000.00 or Less; Notice; Procedure
If the estimated value of personal property seized is $25,000.00 or less, the state attorney shall post a notice of the seizure of such property in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include: A description of the property; The date and place of […]