§ 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 […]
§ 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 […]
§ 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 […]