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.
-
As used in this Code section, the term:
-
"Crime" means:
-
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;
-
Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or
-
A criminal violation of this article.
-
"Proceeds" shall have the same meaning as set forth in Code Section 16-13-49.
-
"Property" shall have the same meaning as set forth in Code Section 16-13-49.
-
The following are declared to be contraband, and no person shall have a property right in them:
-
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
-
Any weapon possessed, used, or available for use in any manner to facilitate a crime.
-
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).