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2018 Georgia Code 16-6-13.2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-6-13.2 Case Law from Google Scholar Amendments to OCGA 16-6-13.2

TITLE 16 CRIMES AND OFFENSES

Section 6. Sexual Offenses, 16-6-1 through 16-6-25.

ARTICLE 9 NOTICE OF CONVICTION AND RELEASE FROM CONFINEMENT OF SEX OFFENDERS

16-6-13.2. Civil forfeiture of motor vehicle.

  1. As used in this Code section, the term "motor vehicle" shall have the same meaning as set forth in Code Section 40-1-1.
  2. Any motor vehicle used by a person to facilitate a violation of Code Section 16-6-10, 16-6-11 when the offense involved the pimping of a person to perform an act of prostitution, 16-6-12, or 16-6-14 is declared to be contraband and no person shall have a property right in it.
  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 Chapter 16 of Title 9.

(Code 1981, §16-6-13.2, enacted by Ga. L. 2015, p. 675, § 5B-1/SB 8 and Ga. L. 2015, p. 693, § 2-3/HB 233.)

Effective date.

- This Code section became effective July 1, 2015. See Editor's notes for applicability.

Editor's notes.

- Ga. L. 2015, p. 675, § 5B-1/SB 8 and Ga. L. 2015, p. 693, § 2-3/HB 233, repealed former Code Section16-6-13.2, pertaining to defined terms, prosecution, forfeiture and seizure of property, in rem action, intervention, court authority, civil proceedings, and liberal construction, and enacted the present Code section. The former Code section was based on Code 1981, § 16-6-13.2, enacted by Ga. L. 1999, p. 472, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 94, § 3; Ga. L. 2001, p. 362, § 29.

Ga. L. 2015, p. 675, § 1-1/SB 8, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Safe Harbor/Rachel's Law Act.'"

Ga. L. 2015, p. 675, § 6-1(c)(1)/SB 8, not codified by the General Assembly, provides that: "Part 5B of this Act shall become effective on July 1, 2015, only if HB 233 is enacted by the General Assembly and becomes law in 2015, in which event Part 5A of this Act shall not become effective and shall stand repealed on July 1, 2015." HB 233 was enacted at the 2015 General Assembly and became effective July 1, 2015.

Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."

Law reviews.

- For article on the 2015 enactment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For article on the 2015 enactment of this Code section, see 32 Ga. St. U.L. Rev. 43 (2015).

Cases Citing O.C.G.A. § 16-6-13.2

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Harris v. State, 686 S.E.2d 777 (Ga. 2009).

Cited 38 times | Published | Supreme Court of Georgia | Nov 23, 2009 | 286 Ga. 245, 2009 Fulton County D. Rep. 3663

...has cited in interpreting the theft article, see Harris, 295 Ga.App. at 729-730, 673 S.E.2d 76 (collecting cases), and to which some sections of the Criminal Code that use the term "motor vehicle" expressly refer for a definition, see, e.g., OCGA §§ 16-6-13.2 (provision on forfeiture of motor vehicles used in pimping and pandering, defining "`[m]otor vehicle' or `vehicle'" as "any motor vehicle as defined in Code Section 40-1-1"); 16-9-70 (same, in provision on criminal use of an article with an altered identification mark)....