Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 8. OFFENSES INVOLVING THEFT · Article 5. RESIDENTIAL MORTGAGE FRAUD

16-8-106. Civil forfeiture.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
As used in this Code section, the terms ‘‘civil forfeiture proceedings,’’ ‘‘proceeds,’’ and ‘‘property’’ shall have the same meanings as set forth in Code Section 9-16-2.#
(b)
Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any proceeds are declared to be contraband and no person shall have a property right in them.#
(c)
Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.#
(d)
The Attorney General shall be specifically authorized to commence civil forfeiture proceedings under this Code section.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-8-106, enacted by Ga. L. 2005, p. 848, § 2/SB 100; Ga. L. 2015, p. 693, § 2-9/HB 233.

Editor's notes

Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: ‘‘This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.’’

Law reviews

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch7-11-(v14a)-2018-pdf.pdf, Volume V14A, 2018 edition, page 470; merge action: carried; file SHA-256 5985d65f23ef.