Disposition of seized property

(a) If property is seized, the state attorney may: (1) Remove the property to a place designated by the superior court having jurisdiction over a civil forfeiture proceeding; (2) Place the property under constructive seizure by giving notice of pending forfeiture to its owners and interest holders and filing notice of seizure in any appropriate public record relating to the property. Notice of a pending forfeiture may be posted in a prominent location in the courthouse for the jurisdiction having venue for the forfeiture if the owners’ and interest holders’ names are not known; (3) Remove the property to a storage area within the jurisdiction of the court for safekeeping; (4) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of this title, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or (5) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (b)(1) The court, upon motion of the state attorney, a claimant, or the custodian of the property, may order property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court if the expense of keeping such property which has been attached or seized is excessive or disproportionate to the value of such property or such property: (A) Is a depreciating asset; (B) Is perishable or is liable to perish or waste; or (C) May be greatly reduced in value by keeping it. (2) The income from such sale shall be paid into the registry of the court pending final disposition of a civil forfeiture proceeding. 456 9-16-11 (c)(1) If the property is currency and is not needed for evidentiary purposes, within 60 days of the seizure the seizing agency, or the state attorney if he or she has possession of such currency, shall deposit the currency into an account: (A) That is separate from other operating accounts; (B) That bears interest, if such account is available; and (C) At a financial institution that has a branch location within the county where the civil forfeiture proceeding is located, and if such financial institution is not available, at a financial institution approved by the chief superior court judge of the circuit in which such county is located. (2) If the property is a negotiable instrument and is not needed for evidentiary purposes, within 60 days of the seizure the seizing agency, or the state attorney if he or she has possession of such item, shall secure the negotiable instrument in a financial institution that has a branch location within the county where the civil forfeiture proceeding is located, and if such financial institution is not available, at a financial institution approved by the chief superior court judge of the circuit in which such county is located. If such instrument is converted to currency, it shall be deposited in accordance with paragraph (1) of this subsection. (3) The account holder shall annually pay any interest that accrues under this subsection into the County Drug Abuse Treatment and Education Fund established pursuant to Article 6 of Chapter 21 of Title 15 at the same time the account holder files its annual report in accordance with subsection (g) of Code Section 9-16-19. (Code 1981, § 9-16-10, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.) 9-16-11. Administrative forfeiture for property valued at $25,000.00 or less; notice; procedure. (a) If the estimated value of personal property seized is $25,000.00 or less, the state attorney shall post a notice of the seizure of such property in a prominent location in the courthouse of the county in which the property was seized. Such notice shall include: (1) A description of the property; (2) The date and place of seizure; (3) The conduct giving rise to forfeiture; (4) The alleged violation of law; and (5) A statement that the owner or interest holder of such property has 30 days within which a claim must be served on the state 457 9-16-11 attorney by certified mail or statutory overnight delivery, return receipt requested, and that such claim shall be signed by the owner or interest holder and shall provide: (A) The name of the claimant; (B) The address at which the claimant resides; (C) A description of the claimant’s interest in the property; (D) A description of the circumstances of the claimant’s obtaining an interest in the property and, to the best of the claimant’s knowledge, the date the claimant obtained the interest and the name of the person or entity that transferred the interest to the claimant; (E) The nature of the relationship between the claimant and the person who possessed the property at the time of the seizure; (F) A copy of any documentation in the claimant’s possession supporting his or her claim; and (G) Any additional facts supporting his or her claim. (b) The state attorney shall serve a copy of the notice specified in subsection (a) of this Code section upon an owner, interest holder, and person in possession of the property at the time of seizure as follows: (1) If the name and current address of the person in possession of the property at the time of the seizure, owner, or interest holder are known, provide notice by either personal service or mailing a copy of the notice by certified mail or statutory overnight delivery, return receipt requested, to that address; (2) If the name and address of the person in possession of the property at the time of seizure, owner, or interest holder are required by law to be on public record with a governmental agency to perfect an interest in the property but the owner’s or interest holder’s current address is not known, mail a copy of the notice by certified mail or statutory overnight delivery, return receipt requested, to any address on the record; or (3) If the current address of the person in possession of the property at the time of the seizure, owner, or interest holder is not known and is not on record as provided in paragraph (2) of this subsection or the name of the person in possession of the property at the time of the seizure, owner, or interest holder is not known, publish a copy of the notice of seizure once a week for two consecutive weeks in the legal organ for the county in which the seizure occurs. (c)(1) The owner or interest holder may serve a claim to the seized property within 30 days after being served or within 30 days after the 458 9-16-12 second publication of the notice of seizure, whichever occurs last, by sending the claim to the state attorney by certified mail or statutory overnight delivery, return receipt requested. (2) The claim shall be signed by the owner or interest holder and shall provide: (A) The name of the claimant; (B) The address at which the claimant resides; (C) A description of the claimant’s interest in the property; (D) A description of the circumstances of the claimant’s obtaining an interest in the property and, to the best of the claimant’s knowledge, the date the claimant obtained the interest and the name of the person or entity that transferred the interest to the claimant; (E) The nature of the relationship between the claimant and the person who possessed the property at the time of the seizure; (F) A copy of any documentation in the claimant’s possession supporting his or her claim; and (G) Any additional facts supporting his or her claim. (3) If any claim is served, even when the state attorney determines that the information provided by the claimant pursuant to paragraph (2) of this subsection is insufficient, the state attorney shall file a complaint for forfeiture as provided in Code Section 9-16-12 or 9-16-13 within 30 days of the actual receipt of the claim. Such complaint shall be filed specifically as to the property claimed and the state attorney shall join as a party any person who serves the state attorney with a claim. (4) As to any property to which no claim is received within 30 days after service of the notice of seizure or the second publication of the notice of seizure, whichever occurs last, all right, title, and interest in the property shall be forfeited to the state by operation of law and the state attorney shall dispose of the property as provided in Code Section 9-16-19. The state attorney shall serve a copy of the order forfeiting the property by first-class mail upon any person who was served with a notice of seizure. (Code 1981, § 9-16-11, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.) 9-16-12. In rem forfeiture.