Georgia Code, Title 9, Chapter 16 - Uniform Civil Forfeiture Procedure Act

• § 9-16-1 - Short Title
  This chapter shall be known and may be cited as the "Georgia Uniform Civil Forfeiture Procedure Act."
• § 9-16-2 - Definitions
  As used in this chapter, the term: (1) (A) "Beneficial interest" means either of the following: (i) The interest of a person as a...
• § 9-16-3 - Jurisdiction
  (a) A civil forfeiture proceeding shall be filed by a state attorney in the name of the State of Georgia in any superior court...
• § 9-16-4 - Venue
  A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 shall be tried: (1) If the complaint for forfeiture is in rem against...
• § 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...
• § 9-16-6 - Seizure of Property
  (a) Property subject to forfeiture may be seized by any law enforcement officer of this state or any political subdivision thereof who has power...
• § 9-16-7 - Reporting of Seizure; Role of State Attorney
  (a) When property that is intended to be forfeited is taken by any law enforcement officer of this state, within 30 days thereof the...
• § 9-16-8 - Forfeiture Lien
  (a) A state attorney may file, without a filing fee, a forfeiture lien upon the initiation of any civil forfeiture proceeding or criminal proceeding...
• § 9-16-9 - Seized Property Not Subject to Replevin, Conveyance, Sequestration, or Attachment; Release of Property; Assignment of Complaint for Forfeiture; Custodian of Property
  (a) Property attached or seized under this chapter shall not be subject to replevin, conveyance, sequestration, or attachment.(b) The seizing law enforcement agency or...
• § 9-16-10 - Disposition of Seized Property
  (a) If property is seized, the state attorney may: (1) Remove the property to a place designated by the superior court having jurisdiction over...
• § 9-16-11 - Quasi-Judicial Forfeiture for Property Valued At $25,000.00 or Less; Notice; Procedure
  (a) 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...
• § 9-16-12 - In Rem Forfeiture
  (a) In actions in rem, the property which is the subject of the complaint for forfeiture shall be named as the defendant. The complaint...
• § 9-16-13 - In Personam Forfeiture
  (a) In actions in personam, the complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a...
• § 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: (1) The court, upon application of the state attorney, may enter any...
• § 9-16-15 - Stay of Civil Forfeiture Proceedings During Pendency of Criminal Proceedings; Effect of Criminal Conviction
  (a) For good cause shown by the state or the owner or interest holder of the property, the court may stay civil forfeiture proceedings...
• § 9-16-16 - Recovery by an Injured Person
  (a) As used in this Code section, the term 'injured person' means any person who suffers a pecuniary loss or physical injury due to...
• § 9-16-17 - Burden of Proof and Presumptions
  (a) (1) The state's burden of proof shall be to show by a preponderance of the evidence that seized property is subject to forfeiture....
• § 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
  (a) All property declared to be forfeited vests in the state at the time of commission of the conduct giving rise to forfeiture together...
• § 9-16-19 - Disposition of Forfeited Property; Order of Distribution; Annual Report
  (a) As used in this Code section, the term: (1) "Entity" means and includes, but shall not be limited to, a law enforcement agency,...
• § 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
  (a) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the...
• § 9-16-21 - Effect of Federal Law Forfeitures; Annual Report
  (a) Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a...
• § 9-16-22 - Construction
  This chapter shall be liberally construed to effectuate its remedial purposes.

Last modified: October 14, 2016