Requirements for Reporting Stolen Motor Vehicles and License Plates; Notice to Owner Upon Recovery; Rules and Regulations; Failure of Law Enforcement Officer to Report; Effect on Georgia Crime Information Center

  1. Law
  2. Georgia Code
  3. Law Enforcement Officers and Agencies
  4. General Provisions
  5. Requirements for Reporting Stolen Motor Vehicles and License Plates; Notice to Owner Upon Recovery; Rules and Regulations; Failure of Law Enforcement Officer to Report; Effect on Georgia Crime Information Center

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  1. As used in this Code section, the term:
    1. "Recovering agency" means the law enforcement agency which recovers a motor vehicle which has previously been reported stolen.
    2. "Reporting agency" means the law enforcement agency which receives a report that a motor vehicle has been stolen or lost and which reports such theft or loss to the Georgia Crime Information Center.
  2. It shall be the duty of every law enforcement officer who receives a report based on reliable information that any motor vehicle has been stolen or that the license plate for such vehicle has been stolen or lost to report the theft or loss to the Georgia Crime Information Center immediately after receiving such information, unless prior thereto information has been received of the recovery of the vehicle or plate.It shall be the duty of any person who reports the theft of a motor vehicle to provide the law enforcement agency to which the report of theft was made and the Georgia Crime Information Center with a means of contacting the owner of the stolen motor vehicle or the successor in interest to such owner in the event of the recovery of the motor vehicle.Any law enforcement officer, upon receiving information of the recovery of any motor vehicle or license plate which has previously been reported as stolen or lost, shall immediately report the recovery of the motor vehicle or plate directly to the Georgia Crime Information Center.It shall be the duty of the reporting law enforcement agency, the agency to which the vehicle was first reported stolen, to notify the owner or the successor in interest to the owner within 72 hours when a previously reported stolen motor vehicle has been recovered, or within 72 hours after the reporting agency has received notification of recovery if recovery is by another agency. The owner or successor in interest shall not be charged or otherwise incur any storage fee on the recovered stolen motor vehicle until the expiration of at least 24 hours immediately following such notification to the owner or the successor in interest.In the event the reporting agency is different from the recovering agency, the recovering agency shall contact the reporting agency and provide all information required by the guidelines established by the Georgia Crime Information Center and any other relevant information.In all cases, it shall remain the responsibility of the reporting agency to notify the owner or the successor in interest to the owner. This requirement shall be included in the rules and regulations of the board promulgated pursuant to subsection (c) of this Code section.If, after a reasonable attempt, the reporting law enforcement agency is unable to contact the owner or the successor in interest to the owner, a record of such fact shall be made and filed with the incident reports and posted in the record required to be maintained by Code Section 17-5-50.
  3. The board is authorized and directed to promulgate rules and regulations pertaining to the submission of the reports provided for in subsection (b) of this Code section.Such rules and regulations shall include time limits for the submission of the reports and the forms upon which the reports shall be submitted.
  4. The intentional failure of any law enforcement officer to submit reports as prescribed in subsection (b) of this Code section or the failure to do so through wanton neglect shall constitute cause for removal from office, if the officer is elected, or shall be grounds for dismissal if the officer is a nonelected employee.
  5. The provisions of this Code section shall not be construed to affect the responsibilities of the Georgia Crime Information Center as provided by paragraph (14) of subsection (a) of Code Section 35-3-33.

(Ga. L. 1966, p. 733, §§ 2-4; Ga. L. 1984, p. 632, §§ 1, 2; Ga. L. 1987, p. 3, § 35; Ga. L. 1991, p. 723, § 1; Ga. L. 1993, p. 91, § 35; Ga. L. 1993, p. 762, § 1; Ga. L. 2012, p. 775, § 35/HB 942.)

Cross references.

- Further provisions regarding duty of peace officer to report theft of motor vehicle, § 40-3-5.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1993, "that a motor vehicle" was substituted for "that motor vehicle" in paragraph (a)(2) and "subsection (c)" was substituted for "subsection (b)" in the next-to-last sentence in subsection (b).

Pursuant to Code Section 28-9-5, in 2019, "submission" was substituted for "submissions" in the first sentence of subsection (c).

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, §§ 169, 173, 177, 188 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 227 et seq. 73 C.J.S., Public Administrative Law and Procedure, §§ 207 et seq., 243 et seq.


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