9-16-3. Jurisdiction.

Active

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

(a)
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:#
1. (1)
  In the case of an in rem action, in the judicial circuit where the property is located;#
2. (2)
  In the case of an in personam action, in the judicial circuit in which the defendant resides; or#
3. (3)
  By the state attorney having jurisdiction over any offense which arose out of the same conduct which made the property subject to forfeiture.#
(b)
If more than one state attorney has jurisdiction to file a civil forfeiture proceeding, the state attorney having primary jurisdiction over the conduct giving rise to the forfeiture shall, in the event of a conflict, have priority over any other state attorney.#
(c)
A civil forfeiture proceeding may be compromised or settled in the same manner as other civil actions.#

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, § 9-16-3, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.

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 T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, page 452; merge action: carried; file SHA-256 c88496cf9e57.

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