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