Reporting of Seizure; Role of State Attorney

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Uniform Civil Forfeiture Procedure Act
  5. Reporting of Seizure; Role of State Attorney

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  1. When property that is intended to be forfeited is taken by any law enforcement officer of this state, within 30 days thereof the seizing officer shall, in writing, report the fact of seizure and conduct an inventory and estimate the value of the property seized and provide such information to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made.
  2. Within 60 days from the date of seizure, the state attorney shall:
    1. Initiate a quasi-judicial forfeiture as provided for in Code Section 9-16-11; or
    2. File a complaint for forfeiture as provided for in Code Section 9-16-12 or 9-16-13.
  3. If the seizing officer fails to comply with subsection (a) of this Code section or the state attorney fails to comply with subsection (b) of this Code section, the property shall be released on the request of an owner or interest holder, pending a complaint for forfeiture pursuant to Code Section 9-16-12 or 9-16-13, unless the property is being held as evidence. When the court releases property pursuant to this subsection, upon application by the state attorney, it may impose conditions as specified in paragraph (1) of Code Section 9-16-14.

(Code 1981, §9-16-7, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.)


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