(a) 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.
§ 9-16-7.Reporting of seizure; role of state attorney
Chapter 16. Uniform Civil Forfeiture Procedure Act · Last amended 2015 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-16-7 gives the seizing officer 30 days to report a seizure in writing to the district attorney, gives the state attorney a further 60 days from the date of seizure to either initiate a quasi-judicial forfeiture or file a forfeiture complaint, and requires the property to be released to a requesting owner or interest holder — unless it’s held as evidence — if either deadline is missed.
Full Text of § 9-16-7
(b) 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.
(c) 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.
Plain-English Summary
Seizing property is only the beginning; this section keeps the case moving on a fixed clock. Within 30 days of the seizure, the seizing officer must report it in writing, along with an inventory and a value estimate, to the district attorney for the circuit where the seizure took place.
From there, the state attorney has 60 days from the date of seizure — not from the date of the officer’s report — to act. That means initiating a quasi-judicial forfeiture under Code Section 9-16-11, or filing a full complaint for forfeiture under Code Section 9-16-12 or 9-16-13. Both deadlines use “shall,” making them mandatory rather than aspirational.
The consequence for missing either deadline lands on the property, not on the officer or state attorney personally: if the seizing officer doesn’t report in time, or the state attorney doesn’t act in time, the property must be released once an owner or interest holder asks for it. That release doesn’t end the matter — a forfeiture complaint can still follow later — and it doesn’t apply to property the state is holding as evidence. When the court does release property this way, it may still impose conditions on the release at the state attorney’s request, using the same tools available under Code Section 9-16-14(1).
Frequently Asked Questions
How long does the seizing officer have to report a seizure?
Within 30 days of the seizure, in writing, including an inventory and an estimate of the property’s value, to the district attorney for the judicial circuit where the seizure happened.
How long does the state have to start a forfeiture case after seizing property?
60 days from the date of seizure — the state attorney must either initiate a quasi-judicial forfeiture under Code Section 9-16-11 or file a complaint for forfeiture under Code Section 9-16-12 or 9-16-13 within that window.
What happens if the state misses the 60-day deadline to start a forfeiture case?
The property must be released on the request of an owner or interest holder, though the state can still pursue a complaint for forfeiture later — the release is a consequence of the missed deadline, not a bar to future action.
Can the state keep seized property past the deadline if it’s needed as evidence?
Yes. The release requirement in subsection (c) has an express exception for property being held as evidence.
If property is released because a deadline was missed, can the court still put restrictions on it?
Yes. On the state attorney’s application, the court may impose the same conditions available under paragraph (1) of Code Section 9-16-14 when it releases property under this section.
Amendment History
Code 1981, § 9-16-7, 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
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