25 LC 39 4490
Senate Bill 232
By: Senators Jones of the 10th, Sims of the 12th, Lucas of the 26th, Davenport of the 17th,
Wicks of the 34th and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated,
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relating to disposition of property seized, so as to provide for the destruction of a firearm2
discharged at a person under 18 years of age; to provide for conforming changes; to provide3
for related matters; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to7
disposition of property seized, is amended by revising Code Section 17-5-51, relating to civil8
forfeiture of weapons used in commission of crime, possession of which constitutes crime9
or delinquent act, or illegal concealment generally, as follows:10
"17-5-51.11
(a) Except as otherwise provided for in subsection (b) of this Code section, any
Any device12
which is used as a weapon in the commission of any crime against any person or any13
attempt to commit any crime against any person, any weapon the possession or carrying14
of which constitutes a crime or delinquent act, and any weapon for which a person has been15
convicted of violating Code Section 16-11-126 are declared to be contraband and shall be16
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forfeited in accordance with the procedures set forth in Chapter 16 of Title 9,
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notwithstanding the time frames set forth in Code Section 9-16-7.18
(b) Any firearm which is discharged at a person under 18 years of age is declared to be
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contraband and shall be destroyed in accordance with subsection (b) of Code20
Section 9-16-19."21
SECTION 2.22
Said article is further amended by revising Code Section 17-5-52, relating to disposition of23
weapons used in commission of crime or delinquent act involving possession and civil24
forfeiture, as follows:25
"17-5-52.26
When a final judgment is entered finding a defendant guilty of the commission or27
attempted commission of a crime against any person or guilty of the commission of a crime28
or delinquent act involving the illegal possession or carrying of a weapon, any weapon or29
device which was used as a weapon in the commission of the crime or delinquent act shall30
be turned over by the person having custody of the weapon or device to the sheriff, chief31
of police, or other executive officer of the law enforcement agency that originally32
confiscated the weapon or device when the weapon or device is no longer needed for33
evidentiary purposes. Within one year after receiving the weapon or device, the sheriff,34
chief of police, or other executive officer of the law enforcement agency shall return or sell35
the weapon or device when it is unclaimed as provided in Code Section 17-5-54, destroy36
the weapon or device when it constitutes a firearm that was discharged at a person under37
18 years of age as provided for in Code Section 17-5-51, or, if the weapon or device is38
subject to forfeiture, follow the procedures set forth in Chapter 16 of Title 9, shall be39
followed notwithstanding the time frames set forth in Code Section 9-16-7. A state40
attorney seeking forfeiture under this Code section shall commence civil forfeiture41
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proceedings within 60 days of the entry of a final judgment as contemplated by this Code
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section; the remaining provisions of Chapter 16 of Title 9 shall be applicable."43
SECTION 3.44
All laws and parts of laws in conflict with this Act are repealed.45
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