§ 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 […]
§ 9-17-12. Uniformity Across Jurisdictions
In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History. Code 1981, § 9-17-12 , enacted by Ga. L. 2021, p. 646, § 2/SB 234.
§ 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 […]
§ 9-17-13. Severability
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History. Code 1981, § […]
§ 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 […]
§ 9-17-14. Applicability
This chapter shall apply to all mediation agreements and mediation proceedings entered into on or after July 1, 2021. History. Code 1981, § 9-17-14 , enacted by Ga. L. 2021, p. 646, § 2/SB 234.
§ 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.
§ 9-17-1. Definitions
As used in this chapter, the term: “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. “Mediation communication” means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made […]
§ 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 […]