O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-16-21 (2019)

Effect of federal law forfeitures; annual report

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof shall be utilized by the law enforcement agency or political subdivision to which the property or proceeds are so transferred as authorized by such federal law and regulations or guidelines promulgated thereunder. If federal law and regulations or guidelines promulgated thereunder are silent as to the utilization of such property or proceeds, the property and proceeds shall be disposed of and utilized as set forth in Code Section 9-16-19.

(b) Any law enforcement agency receiving property or proceeds pursuant to federal law shall also comply with subsection (g) of Code Section 9-16-19.

History

(Code 1981, § 9-16-21, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)

Annotations

OPINIONS OF THE ATTORNEY GENERAL

Use of forfeiture funds for overtime pay of law enforcement. - If federal law and regulations or guidelines promulgated permit the use of the proceeds of federal forfeitures for overtime pay of law enforcement officers, such use would be permitted under Georgia law. 2016 Op. Att'y Gen. No. 16-3.