§ 9-16-1. Short Title
This chapter shall be known and may be cited as the “Georgia Uniform Civil Forfeiture Procedure Act.” History. Code 1981, § 9-16-1 , enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.
§ 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 […]
§ 9-16-12. In Rem Forfeiture
In actions in rem, the property which is the subject of the complaint for forfeiture shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner consistent with Article 5 of Chapter 10 of this title. Such complaint shall describe […]
§ 9-16-13. In Personam Forfeiture
In actions in personam, the complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner consistent with Article 5 of Chapter 10 of this title. The complaint shall: Describe with reasonable particularity the property which is sought to be forfeited; State the property’s present custodian; State […]
§ 9-16-14. Restraining Order, Injunction, and Other Measures to Seize, Maintain, or Preserve Property; Hearing
In conjunction with any civil forfeiture proceeding or criminal proceeding involving forfeiture: The court, upon application of the state attorney, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property […]
§ 9-16-15. Stay of Civil Forfeiture Proceedings During Pendency of Criminal Proceedings; Effect of Criminal Conviction
For good cause shown by the state or the owner or interest holder of the property, the court may stay civil forfeiture proceedings during the pendency of criminal proceedings resulting from a related indictment or accusation until such time as the criminal proceedings result in a plea of guilty, a conviction after trial, or an […]
§ 9-16-16. Recovery by an Injured Person
As used in this Code section, the term “injured person” means any person who suffers a pecuniary loss or physical injury due to a violation of Code Section 16-5-46, Article 4 or 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16. In the event that such person is a child or […]
§ 9-16-17. Burden of Proof and Presumptions
The state’s burden of proof shall be to show by a preponderance of the evidence that seized property is subject to forfeiture. A property interest shall not be subject to forfeiture under this chapter if the owner of the interest or interest holder establishes that the owner or interest holder: Is not privy to criminal […]
§ 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 […]
§ 9-16-2. Definitions
As used in this chapter, the term: “Beneficial interest” means either of the following: The interest of a person as a beneficiary under any written trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or The interest of a person under any other […]
§ 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.
§ 9-16-3. Jurisdiction
A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court of this state and may be brought: In the case of an in rem action, in the judicial circuit where the property is located; In the case of an in personam action, […]
§ 9-16-4. Venue
A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 shall be tried: If the complaint for forfeiture is in rem against real property, in the county where the property is located, except where a single tract is divided by a county line, in which case the superior court of either county shall have […]
§ 9-16-5. Notice to Owner of Seizure of Vehicle
If a seized vehicle is registered to a person or entity that was not present at the scene of the seizure and whose conduct did not give rise to the seizure, the seizing officer or his or her designee shall make a reasonable effort to determine the name of the registered owner of the seized […]
§ 9-16-6. Seizure of Property
Property subject to forfeiture may be seized by any law enforcement officer of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A court issued warrant authorizing seizure of property subject to forfeiture may be […]
§ 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 […]