Official Code of Georgia Annotated
Title 9. CIVIL PRACTICE · Chapter 16. UNIFORM CIVIL FORFEITURE PROCEDURE ACT
9-16-9. Seized property not subject to replevin, conveyance, sequestration, or attachment; release of property; assignment of complaint for forfeiture; custodian of property.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (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 the state attorney may authorize the release of the attached or seized property if the forfeiture or retention is unnecessary or may transfer the civil forfeiture proceeding to another agency or state attorney by discontinuing such proceeding in favor of a civil forfeiture proceeding initiated by another law enforcement agency or state attorney.#
- (c)
A complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13 may be assigned to the same judge hearing any other complaint for forfeiture or criminal proceeding involving substantially the same parties or same property in accordance with the Uniform Superior Court Rules.#
- (d)
Property shall be deemed to be in the custody of the State of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the civil forfeiture proceeding.#
History
Code 1981, § 9-16-9, 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, pages 455 to 456; merge action: carried; file SHA-256 c88496cf9e57.