The Act declares that certain items are contraband, and that no property rights exist as to those items. The Act provides for the seizure of property subject to forfeiture and for the filing of a lien for forfeiture upon the initiation of any civil or criminal proceeding under this article, as well as upon seizure. The Act provides procedures for forfeiture and the conditions required for the filing of a temporary restraining order against property subject to forfeiture. The Act provides for the evidence to be admissible at hearings and determinations made subject to forfeiture, as well as for inferences and rebuttable presumptions. The Act provides that forfeited property vests in the State at the time of conduct giving rise to the forfeiture. The Act provides for the disposition, sale, or destruction of property forfeited, and provides for the distribution and use of property and proceeds of forfeited property.
Debra D. Green,
CRIMES AND OFFENSES Controlled Substances: Provide Procedures for the Seizure and Disposition of Forfeited Property; Provide for Liens on Property Subject to Forfeiture; Provide for Distribution of Forfeited Property and the Proceeds from Such Property,
Ga. St. U. L. Rev.
Available at: https://readingroom.law.gsu.edu/gsulr/vol8/iss1/10