O.C.G.A.
O.C.G.A.

O.C.G.A. § 17-5-53 (2019)

Disposition of devices with historical or instructional value

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) This Code section shall prevail over Code Section 17-5-52.

History

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

Annotations

Cross references. - Division of Ar-

chives and History generally, § 45-13-40 et seq.

RESEARCH REFERENCES Am. Jur. 2d. - 36 Am. Jur. 2d, Forfeitures and Penalties, § 14 et seq.

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

Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: Phillips v. State, 604 S.E.2d 520 (Ga. Ct. App. 2004).
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Phillips v. State, 604 S.E.2d 520 (Ga. Ct. App. 2004). · cites it 2× “6 We take this opportunity to remind trial courts, clerks of court, law enforcement agencies, and other records’ custodians across the state of their important statutory duties regarding preservation of evidence.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.