2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 12 - Offenses Against Public Health and Morals
Article 2 - Gambling and Related Offenses
Part 1 - Gambling
§ 16-12-32. Civil Forfeiture

1. As used in this Code section, the terms “proceeds,” “property,” and “United States” shall have the same meanings as set forth in Code Section 9-16-2, and “enterprise” means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity created under the laws the United States or any foreign nation or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit enterprises and governmental as well as other entities.
2. The following are declared to be contraband, and no person shall have a property right in them:
   1. Every gambling device except antique slot machines as provided for in subsection (b) of Code Section 16-12-24;
   2. Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any proceeds;
   3. Any property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or of the laws of the United States relating to gambling and any proceeds;
   4. Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of this article or any of the laws of the United States relating to gambling and any proceeds; and
   5. Any property found in close proximity to any gambling device or other property subject to forfeiture under this Code section.
3. Any property declared as contraband pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

History. Code 1981, § 16-12-32 , enacted by Ga. L. 2015, p. 693, § 2-14/HB 233.

Editor’s notes.

This Code section formerly pertained to seizure and disposition of property used in or derived from violation of this article. The former Code section was based on Ga. L. 1945, p. 351, § 2; Code 1933, §§ 26-2709, 26-2710, enacted by Ga. L. 1968, p. 1249, § 1; Code 1981, §§ 16-12-31 , 16-12-32 ; Ga. L. 1982, p. 2325, § 1; Ga. L. 1983, p. 3, § 13; Ga. L. 1990, p. 587, § 1, and was repealed by Ga. L. 2015, p. 693, § 2-14/HB 233, 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.”

Law reviews.

For article, “Criminal Forfeiture: An Appropriate Solution to the Civil Forfeiture Debate,” see 10 Ga. St. U.L. Rev. 241 (1994).

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