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O.C.G.A. § 9-16-21 — Effect of federal law forfeitures; annual report | Georgia Code
O.C.G.A. § 9-16-21 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

9-16-21. Effect of federal law forfeitures; annual report.

  1. 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.
  2. Any law enforcement agency receiving property or proceeds pursuant to federal law shall also comply with subsection (g) of Code Section 9-16-19.

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

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.

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This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 9 in the context of Georgia civil practice and statute of limitations and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.