Georgia
Georgia earns a D- for its civil forfeiture laws.
Low bar to forfeit: Prosecutors must prove by preponderance of the evidence that property is connected to a crime.
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property. And innocent owner claims are barred in cases involving a jointly owned vehicle.
Large profit incentive: Up to 100% of forfeiture proceeds go to law enforcement.
The letter grade reflects the state's forfeiture laws as of December 2020. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden and financial incentive language above, but we are not updating the letter grade.
Recent Reforms
- (2015) HB 233: Creates reporting and transparency requirements. Previously, law enforcement agencies were not required to report forfeitures.
Recommendations
- End civil forfeiture
- Direct all forfeiture proceeds to a non-law enforcement fund
- Strengthen protections for innocent third-party owners
- Close the equitable sharing loophole
- Strengthen transparency and accountability requirements
State and Federal Forfeiture Revenues, 2000-2019
Between 2015 and 2018, Georgia law enforcement agencies forfeited more than $51 million under state law. Between 2000 and 2019, they generated an additional $388 million from federal equitable sharing, for a total of at least $439 million in forfeiture revenue. Georgia ranks 43rd for its participation in the Department of Justice’s equitable sharing program. The state does not prevent state and local agencies from using equitable sharing to circumvent state forfeiture law.
At least $439 million in state and federal forfeiture revenue
2000–2019
| Year | Georgia Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
$0 ↦
$46,400,009
|
|---|---|---|---|---|---|
| 2000 | Unknown | $13,997,177 | $523,000 | $14,520,177 | |
| 2001 | Unknown | $11,476,049 | $417,000 | $11,893,049 | |
| 2002 | Unknown | $10,578,412 | $3,364,000 | $13,942,412 | |
| 2003 | Unknown | $10,113,910 | $637,000 | $10,750,910 | |
| 2004 | Unknown | $10,544,040 | $141,000 | $10,685,040 | |
| 2005 | Unknown | $13,852,774 | $1,070,000 | $14,922,774 | |
| 2006 | Unknown | $20,266,682 | $1,963,000 | $22,229,682 | |
| 2007 | Unknown | $23,866,060 | $662,000 | $24,528,060 | |
| 2008 | Unknown | $15,878,429 | $2,798,000 | $18,676,429 | |
| 2009 | Unknown | $25,133,072 | $3,984,000 | $29,117,072 | |
| 2010 | Unknown | $28,660,009 | $17,740,000 | $46,400,009 | |
| 2011 | Unknown | $29,865,958 | $2,683,000 | $32,548,958 | |
| 2012 | Unknown | $18,779,461 | $5,279,000 | $24,058,461 | |
| 2013 | Unknown | $11,825,329 | $2,754,000 | $14,579,329 | |
| 2014 | Unknown | $22,736,427 | $4,140,000 | $26,876,427 | |
| 2015 | $7,453,819 | $16,504,155 | $2,923,000 | $26,880,974 | |
| 2016 | $15,574,036 | $9,516,257 | $1,600,000 | $26,690,293 | |
| 2017 | $15,494,962 | $7,816,731 | $4,590,000 | $27,901,693 | |
| 2018 | $12,511,887 | $14,561,053 | $2,657,000 | $29,729,940 | |
| 2019 | Unavailable | $11,703,818 | $1,085,000 | $12,788,818 | |
| Totals | $51,034,704 | $327,675,803 | $61,010,000 | $439,720,507 |
State
Department of Justice
Treasury
|
Forfeitures Under Georgia Law: Key Facts
Median Value
$540From 2015 to 2018, half of Georgia’s currency forfeitures were worth less than $540.
Property Types
From 2015 to 2018, 58% of Georgia’s forfeitures were of currency
Civil vs. Criminal
UNKNOWNGeorgia does not report whether forfeitures are processed under civil or criminal forfeiture law.
Expenditures
From 2015 to 2018, Georgia law enforcement spent $37 million from forfeiture funds—two-thirds on equipment and capital expenditures.
Data Notes
Property-level data were obtained via public records requests to the Prosecuting Attorneys’ Council of Georgia. Figures represent total value of forfeited property and are in calendar years. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, state figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data.
Legal Sources
Standard of proof: Preponderance of the evidence.
Ga. Code Ann. § 9-16-17(a)(1).
Innocent owner burden: Owner. But in cases involving a jointly owned vehicle, no innocent owner claim is allowed.
Ga. Code Ann. § 9-16-17(a)(2).
Financial incentive: Up to 100%.
Ga. Code Ann. § 9-16-19(f).