Bill Text: GA SB321 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Secondary Metal Recyclers; comprehensive revision of provisions

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Engrossed - Dead) 2012-03-19 - House Committee Favorably Reported [SB321 Detail]

Download: Georgia-2011-SB321-Amended.html

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12 AM 36 0349

Senators Hill of the 32nd and Loudermilk of the 52nd offered the following amendment:

Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by inserting after "property;" on line 4 the following:
to provide for forfeiture of certain property and procedure therefor;

By inserting between lines 248 and 249 the following:

10-1-357.1.

(a) As used in this Code section, the term 'crime' means:

(1) 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;

(2) Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or

(3) A criminal violation of this article.

(b) All motor vehicles, tools, and weapons which are used or intended for use in any manner in the commission of or to facilitate the commission of a crime are subject to forfeiture under this Code section, but:

(1) No motor vehicle used by any person as a common carrier in the transaction of business as a common carrier shall be subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the motor vehicle is a consenting party or privy to the commission of a crime;

(2) No motor vehicle shall be subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent, and any co-owner of a motor vehicle without knowledge of or consent to the act or omission shall be protected to the extent of the interest of such co-owner; and

(3) A forfeiture of a motor vehicle encumbered by a bona fide security interest shall be subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission.

(c) Property subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or any political subdivision thereof who has the power to make arrests upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if:

(1) The seizure is incident to an arrest or a search under a search warrant;

(2) The property subject to seizure has been the subject of a prior judgment in favor of this state in a criminal injunction or forfeiture proceeding based upon this Code section; or

(3) Probable cause exists that the vehicle, tool, or weapon is subject to seizure.

(d) Property taken or detained under this Code section shall not be subject to replevin but shall be deemed to be in the custody of the superior court of the county wherein the seizure was made or in the custody of the superior court of the county where it can be proven that the crime was committed, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this Code section, law enforcement officers seizing such property shall:

(1) Place the property under seal;

(2) Remove the property to a place designated by the judge of the superior court having jurisdiction over the forfeiture as set out in this subsection; or

(3) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law.