Civil Forfeiture of Proceeds and Property

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  1. As used in this Code section, the terms "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 Code Section 16-6-10, 16-6-11, or 16-6-12 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.

(Code 1981, §16-6-13.3, enacted by Ga. L. 2015, p. 675, § 5B-1/SB 8 and Ga. L. 2015, p. 693, § 2-4/HB 233; Ga. L. 2019, p. 74, § 2-4/SB 158.)

The 2019 amendment, effective July 1, 2019, substituted "16-6-11, or 16-6-12" for "16-6-11, 16-6-12, or 16-6-14" in the middle of subsection (b). See Editor's note for applicability.

Editor's notes.

- Ga. L. 2015, p. 675, § 5B-2/SB 8 and Ga. L. 2015, p. 693, § 2-4/HB 233, repealed former Code Section16-6-13.3, pertaining to proceeds from pimping, forfeiture, and distribution, and enacted the present Code section. The former Code section was based on Code 1981, § 16-6-13.3, enacted by Ga. L. 2001, p. 94, § 4; Ga. L. 2003, p. 140, § 16.

Ga. L. 2015, p. 675, § 1-1/SB 8, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Safe Harbor/Rachel's Law Act.'"

Ga. L. 2015, p. 675, § 6-1(c)(1)/SB 8, not codified by the General Assembly, provides that: "Part 5B of this Act shall become effective on July 1, 2015, only if HB 233 is enacted by the General Assembly and becomes law in 2015, in which event Part 5A of this Act shall not become effective and shall stand repealed on July 1, 2015." HB 233 was enacted at the 2015 General Assembly and became effective July 1, 2015.

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."

Ga. L. 2019, p. 74, § 1-1/SB 158, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Anti-Human Trafficking Protective Response Act.'"

Ga. L. 2019, p. 74, § 3-1/SB 158, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2019, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2019, shall be governed by the statute in effect at the time of such offense, and any resulting conviction shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction."

Law reviews.

- For article on the 2015 enactment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For article on the 2015 enactment of this Code section, see 32 Ga. St. U.L. Rev. 43 (2015).


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