TITLE 9 CIVIL PRACTICE

Section 16. Uniform Civil Forfeiture Procedure Act, 9-16-1 through 9-16-22.

ARTICLE 2 PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-16-16. Recovery by an injured person.

1. As used in this Code section, the term "injured person" means any person who suffers a pecuniary loss or physical injury due to a violation of Code Section 16-5-46, Article 4 or 5 of Chapter 8 of Title 16, or Chapter 14 of Title 16. In the event that such person is a child or deceased, the provisions of subparagraphs (B) and (C) of paragraph (11) of Code Section 17-17-3 shall apply.
2. If an injured person has provided contact information pursuant to Chapter 17 of Title 17, a state attorney shall serve every known injured person, if he or she has not previously been served, with a copy of the complaint for forfeiture and a notice of such person's right of intervention at least 30 days prior to the entry of a final judgment.
3. Notwithstanding the distribution of forfeiture proceeds as set forth in Code Section 9-16-19, any injured person shall have a right or claim to forfeited property or to the proceeds superior to any right or claim the state or local government has in the same property or proceeds other than for costs. To enforce such a claim, the injured person must intervene in the civil forfeiture proceeding prior to the entry of a final judgment.

(Code 1981, §9-16-16, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)