§ 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.
§ 9-16-15. 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 […]
§ 9-16-1. 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.
§ 9-16-17. 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 […]
§ 9-16-2. 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 […]