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O.C.G.A. § 17-5-53 — Disposition of devices with historical or instructional value | Georgia Code
O.C.G.A. § 17-5-53 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 17 CRIMINAL PROCEDURE

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

ARTICLE 3 DISPOSITION OF PROPERTY SEIZED

17-5-53. Disposition of devices with historical or instructional value.

  1. After a forfeiture of a device used in a crime, in the event the director of the Division of Archives and History or the commissioner of public safety, in that order or priority, shall desire to receive and retain a device described in Code Section 17-5-51 for historical or instructional purposes of his or her division or department and gives written notice thereof to the sheriff, either prior to the sheriff's advertisement of the device for sale or within ten days thereafter, the sheriff shall forthwith deliver the device to the requesting division or department which shall retain the device for such purposes. A device delivered to either the division or the department in accordance with this Code section shall become the property of the state.
  2. This Code section shall prevail over Code Section 17-5-52.

(Ga. L. 1976, p. 749, § 4; Ga. L. 2002, p. 532, § 5.)

Cross references.

- Division of Archives and History generally, § 45-13-40 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Forfeitures and Penalties, § 14 et seq. 79 Am. Jur. 2d, Weapons and Firearms, §§ 12, 23.

C.J.S.

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

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This Georgia Code resource is curated by the attorney maintaining this site, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.