(a) Property seized or forfeited pursuant to federal law, and such property or proceeds, authorized by such federal law to be transferred to a cooperating law enforcement agency of this state or any political subdivision thereof shall be utilized by the law enforcement agency or political subdivision to which the property or proceeds are so transferred as authorized by such federal law and regulations or guidelines promulgated thereunder. If federal law and regulations or guidelines promulgated thereunder are silent as to the utilization of such property or proceeds, the property and proceeds shall be disposed of and utilized as set forth in Code Section 9-16-19.
§ 9-16-21.Effect of federal law forfeitures; annual report
Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-16-21 requires property or proceeds a Georgia agency receives under federal forfeiture-sharing law to be used as federal law and guidelines direct, falls back to Georgia’s own distribution rules under Code Section 9-16-19 when federal law is silent, and holds the receiving agency to the same annual reporting requirement that applies to state forfeitures.
Full Text of § 9-16-21
(b) Any law enforcement agency receiving property or proceeds pursuant to federal law shall also comply with subsection (g) of Code Section 9-16-19.
Plain-English Summary
Georgia law enforcement agencies often work forfeiture cases jointly with federal authorities, and this section addresses what happens to the state’s share of those federal cases. Property or proceeds transferred to a Georgia agency under federal law has to be used the way that federal law and its regulations or guidelines direct, since the transfer itself is authorized under a federal framework rather than this chapter.
Federal guidance doesn’t always spell out every detail, though. When it’s silent on how the transferred property or proceeds should be used, subsection (a) directs that Georgia’s own disposition and distribution rules in Code Section 9-16-19 fill the gap.
Either way, the accountability rules don’t disappear. Subsection (b) requires any law enforcement agency that receives property or proceeds under federal law to comply with the annual reporting requirement in Code Section 9-16-19(g), the same reporting obligation that applies to property forfeited under Georgia’s own chapter.
Frequently Asked Questions
If a Georgia agency receives a share of a federal forfeiture, what rules control how it’s spent?
Federal law and any regulations or guidelines issued under it, since the property reaches the agency through the federal sharing framework rather than through a Georgia forfeiture case.
What if federal law doesn’t say how the shared property has to be used?
Then subsection (a) directs the property or proceeds to be disposed of and used the way Code Section 9-16-19 sets out for property forfeited under this chapter.
Does an agency that receives federally forfeited property still have to file Georgia’s annual forfeiture report?
Yes. Subsection (b) makes the annual reporting requirement in Code Section 9-16-19(g) apply to property received under federal law as well.
Does this section let a Georgia agency avoid the state’s own distribution priorities by routing property through a federal case?
Only to the extent federal law and guidelines govern the use of the transferred property; where they’re silent, Georgia’s own priorities in Code Section 9-16-19 apply.
Why does Georgia address federally forfeited property in a separate section?
Because Georgia agencies routinely receive shares of federal seizures through joint task forces, and this section keeps those funds inside the same accountability and reporting framework that applies to purely state forfeitures.
Amendment History
Code 1981, § 9-16-21, enacted by Ga. L. 2015, p. 693, § 1-1/HB 233.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: Georgia federal forfeiture sharingfederal equitable sharing forfeiture GeorgiaGeorgia agency federal forfeiture proceeds reportfederal forfeiture funds Georgia use restrictions