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O.C.G.A. § 16-8-106 — Civil forfeiture | Georgia Code
O.C.G.A. § 16-8-106 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 16 CRIMES AND OFFENSES

Section 8. Offenses Involving Theft, 16-8-1 through 16-8-106.

ARTICLE 5 RESIDENTIAL MORTGAGE FRAUD

16-8-106. Civil forfeiture.

  1. 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.
  2. 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.
  3. 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.
  4. The Attorney General shall be specifically authorized to commence civil forfeiture proceedings under this Code section.

(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).

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.