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2018 Georgia Code 17-5-52 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-5-52 Case Law from Google Scholar Amendments to OCGA 17-5-52

TITLE 17 CRIMINAL PROCEDURE

Section 5. Searches and Seizures, 17-5-1 through 17-5-100.

ARTICLE 3 DISPOSITION OF PROPERTY SEIZED

17-5-52. Disposition of weapons used in commission of crime or delinquent act involving possession; civil forfeiture.

When a final judgment is entered finding a defendant guilty of the commission or attempted commission of a crime against any person or guilty of the commission of a crime or delinquent act involving the illegal possession or carrying of a weapon, any device which was used as a weapon in the commission of the crime or delinquent act shall be turned over by the person having custody of the weapon or device to the sheriff, chief of police, or other executive officer of the law enforcement agency that originally confiscated the weapon or device when the weapon or device is no longer needed for evidentiary purposes. Within one year after receiving the weapon or device, the sheriff, chief of police, or other executive officer of the law enforcement agency shall return or sell the weapon as provided in Code Section 17-5-54, or if the weapon or device is subject to forfeiture, the procedures set forth in Chapter 16 of Title 9 shall be followed notwithstanding the time frames set forth in Code Section 9-16-7. A state attorney seeking forfeiture under this Code section shall commence civil forfeiture proceedings within 60 days of the entry of a final judgment as contemplated by this Code section; the remaining provisions of Chapter 16 of Title 9 shall be applicable.

(Ga. L. 1967, p. 749, § 3; Ga. L. 1976, p. 167, § 1; Ga. L. 1994, p. 963, § 2; Ga. L. 2008, p. 344, § 1/HB 333; Ga. L. 2012, p. 1285, § 3/SB 350; Ga. L. 2015, p. 693, § 3-15/HB 233.)

The 2012 amendment, effective May 3, 2012, in the second sentence of subsection (a), substituted "With the exception of firearms, as such term is defined in Code Section 17-5-51, which shall be disposed of in accordance with Code Section 17-5-52.1, within" for "Within" at the beginning and deleted a comma after "provided that" near the end.

The 2015 amendment, effective July 1, 2015, rewrote this Code section. See Editor's notes for applicability.

Editor's notes.

- 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 whether one's property is forfeited after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For note on the 1994 amendment of this Code section and Code Section 17-5-51, see 11 Ga. St. U.L. Rev. 157 (1994).

JUDICIAL DECISIONS

Cited in Cannington v. State, 154 Ga. App. 557, 269 S.E.2d 62 (1980).

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Forfeitures and Penalties, § 14 et seq. 79 Am. Jur. 2d, Weapons and Firearms, § 1 et seq.

C.J.S.

- 37 C.J.S. (Rev), Forfeitures, § 1 et seq. 94 C.J.S. (Rev), Weapons, § 51.

ALR.

- Forfeiture of property for unlawful use before trial of individual offender, 3 A.L.R.2d 738.

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