Forfeiture; Items Declared Contraband

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2. Georgia Code
3. Commerce and Trade
4. Selling and Other Trade Practices
5. Secondary Metals Recyclers
6. Forfeiture; Items Declared Contraband

1. As used in this Code section, the term:
   1. "Crime" means:
      1. Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft was regulated metal property;
      2. Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or
      3. A criminal violation of this article.
   2. "Proceeds" shall have the same meaning as set forth in Code Section 16-13-49.
   3. "Property" shall have the same meaning as set forth in Code Section 16-13-49.
2. The following are declared to be contraband, and no person shall have a property right in them:
   1. Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom; and
   2. Any weapon possessed, used, or available for use in any manner to facilitate a crime.
3. Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Code Section 16-13-49.

(Code 1981, §10-1-359.3, enacted by Ga. L. 2012, p. 112, § 1-1/HB 872.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2012, Code Section 10-1-362, as enacted by Ga. L. 2012, p. 112, § 1-1/HB 872, was redesignated as Code Section 10-1-359.3.

Editor's notes.

- Ga. L. 2012, p. 112, § 4-1(a)/HB 872, not codified by the General Assembly, provides that this Code section shall apply to all offenses committed on or after July 1, 2012.

Law reviews.

- For article on the 2012 enactment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).

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