§ 10-1-359.3. Forfeiture; Items Declared Contraband

1. As used in this Code section, the term:
   1. “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.
   2. “Proceeds” shall have the same meaning as set forth in Code Section 16-13-49.
   3. “Property” shall have the same meaning as set forth in Code Section 16-13-49.
2. The following are declared to be contraband, and no person shall have a property right in them:
   1. Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom; and
   2. Any weapon possessed, used, or available for use in any manner to facilitate a crime.
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 Code Section 16-13-49.

History. Code 1981, § 10-1-359.3 , enacted by Ga. L. 2012, p. 112, § 1-1/HB 872.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2012, Code Section 10-1-362, as enacted by Ga. L. 2012, p. 112, § 1-1/HB 872, was redesignated as Code Section 10-1-359.3.

Editor’s notes.

Ga. L. 2012, p. 112, § 4-1(a)/HB 872, not codified by the General Assembly, provides that this Code section shall apply to all offenses committed on or after July 1, 2012.

Law reviews.

For article on the 2012 enactment of this Code section, see 29 Ga. St. U.L. Rev. 238 (2012).