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2018 Georgia Code 10-1-359.3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 10-1-359.3 Case Law from Google Scholar Amendments to OCGA 10-1-359.3

TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 14 SECONDARY METALS RECYCLERS

10-1-359.3. 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).

Cases Citing O.C.G.A. § 10-1-359.3

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SMITH v. State, 319 Ga. 352 (Ga. 2024).

Cited 2 times | Published | Supreme Court of Georgia | May 29, 2024

...exist,” OCGA § 9-16-12, we turn now to whether the Court of Appeals erred in holding that the second amended complaint satisfied that requirement. As relevant here, the second amended complaint sought forfeiture of the seized property under OCGA § 10-1-359.3....
...That statute provides that “[a]ny 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” are “contraband” and “subject to forfeiture.” OCGA § 10-1-359.3 (b), (c)....

SMITH v. State (Ga. 2024).

Published | Supreme Court of Georgia | May 29, 2024

...exist,” OCGA § 9-16-12, we turn now to whether the Court of Appeals erred in holding that the second amended complaint satisfied that requirement. As relevant here, the second amended complaint sought forfeiture of the seized property under OCGA § 10-1-359.3....
...That statute provides that “[a]ny 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” are “contraband” and 31 “subject to forfeiture.” OCGA § 10-1-359.3 (b), (c)....