Georgia 2023-2024 Regular Session

Georgia Senate Bill SB70 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	23 LC 39 3561
2	2	S. B. 70
3	3	- 1 -
4	4	Senate Bill 70
5	5	By: Senators Jones of the 10th, Sims of the 12th, Seay of the 34th, Jones II of the 22nd,
6	6	Merritt of the 9th and others
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	To amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated,
10	10	1
11	11	relating to secondary metals recyclers, so as to provide that it shall be illegal for certain2
12	12	persons to purchase, possess, obtain, or sell or attempt to purchase, possess, obtain, or sell3
13	13	used, detached catalytic converters; to provide for a definition; to provide that certain4
14	14	catalytic converters and the vehicles transporting them are contraband; to provide for5
15	15	penalties; to provide for related matters; to provide for an effective date and applicability; to6
16	16	repeal conflicting laws; and for other purposes.7
17	17	BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
18	18	SECTION 1.9
19	19	Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to10
20	20	secondary metals recyclers, is amended in Code Section 10-1-350, relating to definitions, by11
21	21	adding a new paragraph to read as follows:12
22	22	"(16) 'Used, detached catalytic converter' means motor vehicle exhaust system parts that
23	23	13
24	24	are used for controlling the exhaust emissions from motor vehicles and that contain a14
25	25	catalyst metal, but shall not include a catalytic converter that has been tested, certified,15 23 LC 39 3561
26	26	S. B. 70
27	27	- 2 -
28	28	and labeled for reuse pursuant to the federal Clean Air Act, 42 U.S.C. Section 7401, et16
29	29	seq."17
30	30	SECTION 2.18
31	31	Said article is further amended by adding a new subsection to Code Section 10-1-351,19
32	32	relating to verifiable documentation required, to read as follows:20
33	33	"(d)(1) It shall be unlawful for any person to purchase or to solicit the sale or purchase21
34	34	of a used, detached catalytic converter, or any nonferrous metals of a catalytic converter,22
35	35	unless such person is a secondary metals recycler registered in accordance with Code23
36	36	Section 10-1-359.1 and compliant with all other requirements prescribed by this article.24
37	37	(2) It shall be unlawful for any person to possess, transport, or sell a used, detached25
38	38	catalytic converter, or any nonferrous metals of a catalytic converter, unless such person26
39	39	is authorized to buy, possess, transport, or sell catalytic converters pursuant to27
40	40	subsection (c) of this Code section and is in possession of the licenses, registrations, or28
41	41	other documentation required by that subsection.29
42	42	(3) Each used, detached catalytic converter obtained in violation of this subsection shall30
43	43	constitute a separate offense."31
44	44	SECTION 3.32
45	45	Said article is further amended in Code Section 10-1-355, relating to conditions and33
46	46	limitations on payments for regulated metal property and exception for transaction between34
47	47	business entities, by revising subsection (e) as follows:35
48	48	"(e) The provisions of this Code section shall not apply to any transaction between36
49	49	business entities other than those involving transactions for catalytic converters or used,37
50	50	detached catalytic converters."38 23 LC 39 3561
51	51	S. B. 70
52	52	- 3 -
53	53	SECTION 4.
54	54	39
55	55	Said article is further amended by revising Code Section 10-1-358, relating to purchases of40
56	56	regulated metal property exempted from application of article, as follows:41
57	57	"10-1-358.42
58	58	This article shall not apply to purchases of regulated metal property, other than catalytic
59	59	43
60	60	converters, from:44
61	61	(1) Organizations, corporations, or associations registered with the state as charitable,45
62	62	philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored46
63	63	organizations or associations or from any nonprofit corporations or associations;47
64	64	(2) A law enforcement officer acting in an official capacity;48
65	65	(3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof49
66	66	of such status to the secondary metals recycler;50
67	67	(4) Any public official acting under judicial process or authority who has presented proof51
68	68	of such status to the secondary metals recycler;52
69	69	(5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof53
70	70	has been presented to the secondary metals recycler; or54
71	71	(6) A manufacturing, industrial, or other commercial vendor that generates or and sells55
72	72	regulated metal property in the ordinary course of its business, provided that such vendor56
73	73	is not a secondary metals recycler."57
74	74	SECTION 5.58
75	75	Said article is further amended by revising Code Section 10-1-359.2, relating to penalties for59
76	76	violations, as follows:60
77	77	"10-1-359.2.61
78	78	(a) Except as provided for in subsection (d) of Code Section 10-1-359.1, any person who62
79	79	buys or sells regulated metal property in violation of any provision of this article:63
80	80	(1) For a first offense, shall be guilty of a misdemeanor;64 23 LC 39 3561
81	81	S. B. 70
82	82	- 4 -
83	83	(2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated
84	84	65
85	85	nature; and66
86	86	(3) For a third or subsequent offense, shall be guilty of a felony and, upon conviction67
87	87	thereof, shall be punished by imprisonment for not less than one nor more than ten years.68
88	88	(b) Each used, detached catalytic converter obtained in violation of subsection (d) of Code
89	89	69
90	90	Section 10-1-351 shall constitute a separate offense under this Code section.70
91	91	(c) Any person who buys or sells regulated metal property in violation of any provision71
92	92	of this article shall be liable in a civil action to any person who was the victim of a crime72
93	93	involving such regulated metal property for the full value of the regulated metal property,73
94	94	any repairs and related expenses incurred as a result of such crime, litigation expenses, and74
95	95	reasonable attorneys' fees."75
96	96	SECTION 6.76
97	97	Said article is further amended by revising Code Section 10-1-359.3, relating to forfeiture77
98	98	and items declared contraband, as follows:78
99	99	"10-1-359.3.79
100	100	(a) As used in this Code section, the term:80
101	101	(1) 'Crime' means:81
102	102	(A) Theft by taking in violation of Code Section 16-8-2, theft by conversion in82
103	103	violation of Code Section 16-8-4, or theft by receiving stolen property in violation of83
104	104	Code Section 16-8-7 if the subject of the theft was regulated metal property;84
105	105	(B) Criminal damage to property in the first degree in violation of paragraph (2) of85
106	106	subsection (a) of Code Section 16-7-22; or86
107	107	(C) A criminal violation of this article.87
108	108	(2) 'Proceeds' shall have the same meaning as set forth in Code Section 16-13-49 9-16-2.88
109	109	(3) 'Property' shall have the same meaning as set forth in Code Section 16-13-49 9-16-2.89 23 LC 39 3561
110	110	S. B. 70
111	111	- 5 -
112	112	(b) Except as otherwise provided for in subsection (c) of this Code section, the The90
113	113	following are declared to be contraband, and no person shall have a property right in them:91
114	114	(1) Any property which is, directly or indirectly, used or intended for use in any manner92
115	115	to facilitate a crime and any proceeds derived or realized therefrom; and93
116	116	(2) Any weapon possessed, used, or available for use in any manner to facilitate a crime.94
117	117	(c) Any used, detached catalytic converter obtained by a person convicted of violating95
118	118	subsection (d) of Code Section 10-1-351 and any vehicle used in the transportation of such96
119	119	used, detached catalytic converter shall be declared contraband. Such property shall be97
120	120	subject to forfeiture in accordance with the procedures set forth in Chapter 16 of Title 9;98
121	121	provided, however, that such civil forfeiture proceedings for any vehicle seized pursuant99
122	122	to this subsection, including the reporting requirements set forth in Code Section 9-16-7,100
123	123	shall be stayed during the pendency of criminal proceedings unless otherwise agreed to by101
124	124	the owner or interest holder of such vehicle.102
125	125	(c)(d) Any property subject to forfeiture pursuant to subsection (b) of this Code section103
126	126	shall be forfeited in accordance with the procedures set forth in Code Section 16-13-49104
127	127	Chapter 16 of Title 9."105
128	128	SECTION 7.106
129	129	This Act shall become effective on July 1, 2023, and shall apply to all transactions occurring107
130	130	on and after such date.108
131	131	SECTION 8.109
132	132	All laws and parts of laws in conflict with this Act are repealed.110