| 1 | 1 | | 25 LC 39 4490 |
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| 2 | 2 | | Senate Bill 232 |
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| 3 | 3 | | By: Senators Jones of the 10th, Sims of the 12th, Lucas of the 26th, Davenport of the 17th, |
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| 4 | 4 | | Wicks of the 34th and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, |
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| 8 | 8 | | 1 |
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| 9 | 9 | | relating to disposition of property seized, so as to provide for the destruction of a firearm2 |
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| 10 | 10 | | discharged at a person under 18 years of age; to provide for conforming changes; to provide3 |
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| 11 | 11 | | for related matters; to repeal conflicting laws; and for other purposes.4 |
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| 12 | 12 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 |
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| 13 | 13 | | SECTION 1.6 |
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| 14 | 14 | | Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to7 |
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| 15 | 15 | | disposition of property seized, is amended by revising Code Section 17-5-51, relating to civil8 |
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| 16 | 16 | | forfeiture of weapons used in commission of crime, possession of which constitutes crime9 |
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| 17 | 17 | | or delinquent act, or illegal concealment generally, as follows:10 |
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| 18 | 18 | | "17-5-51.11 |
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| 19 | 19 | | (a) Except as otherwise provided for in subsection (b) of this Code section, any |
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| 20 | 20 | | Any device12 |
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| 21 | 21 | | which is used as a weapon in the commission of any crime against any person or any13 |
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| 22 | 22 | | attempt to commit any crime against any person, any weapon the possession or carrying14 |
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| 23 | 23 | | of which constitutes a crime or delinquent act, and any weapon for which a person has been15 |
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| 24 | 24 | | convicted of violating Code Section 16-11-126 are declared to be contraband and shall be16 |
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| 25 | 25 | | S. B. 232 |
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| 26 | 26 | | - 1 - 25 LC 39 4490 |
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| 27 | 27 | | forfeited in accordance with the procedures set forth in Chapter 16 of Title 9, |
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| 28 | 28 | | 17 |
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| 29 | 29 | | notwithstanding the time frames set forth in Code Section 9-16-7.18 |
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| 30 | 30 | | (b) Any firearm which is discharged at a person under 18 years of age is declared to be |
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| 31 | 31 | | 19 |
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| 32 | 32 | | contraband and shall be destroyed in accordance with subsection (b) of Code20 |
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| 33 | 33 | | Section 9-16-19."21 |
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| 34 | 34 | | SECTION 2.22 |
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| 35 | 35 | | Said article is further amended by revising Code Section 17-5-52, relating to disposition of23 |
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| 36 | 36 | | weapons used in commission of crime or delinquent act involving possession and civil24 |
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| 37 | 37 | | forfeiture, as follows:25 |
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| 38 | 38 | | "17-5-52.26 |
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| 39 | 39 | | When a final judgment is entered finding a defendant guilty of the commission or27 |
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| 40 | 40 | | attempted commission of a crime against any person or guilty of the commission of a crime28 |
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| 41 | 41 | | or delinquent act involving the illegal possession or carrying of a weapon, any weapon or29 |
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| 42 | 42 | | device which was used as a weapon in the commission of the crime or delinquent act shall30 |
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| 43 | 43 | | be turned over by the person having custody of the weapon or device to the sheriff, chief31 |
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| 44 | 44 | | of police, or other executive officer of the law enforcement agency that originally32 |
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| 45 | 45 | | confiscated the weapon or device when the weapon or device is no longer needed for33 |
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| 46 | 46 | | evidentiary purposes. Within one year after receiving the weapon or device, the sheriff,34 |
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| 47 | 47 | | chief of police, or other executive officer of the law enforcement agency shall return or sell35 |
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| 48 | 48 | | the weapon or device when it is unclaimed as provided in Code Section 17-5-54, destroy36 |
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| 49 | 49 | | the weapon or device when it constitutes a firearm that was discharged at a person under37 |
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| 50 | 50 | | 18 years of age as provided for in Code Section 17-5-51, or, if the weapon or device is38 |
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| 51 | 51 | | subject to forfeiture, follow the procedures set forth in Chapter 16 of Title 9, shall be39 |
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| 52 | 52 | | followed notwithstanding the time frames set forth in Code Section 9-16-7. A state40 |
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| 53 | 53 | | attorney seeking forfeiture under this Code section shall commence civil forfeiture41 |
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| 54 | 54 | | S. B. 232 |
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| 55 | 55 | | - 2 - 25 LC 39 4490 |
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| 56 | 56 | | proceedings within 60 days of the entry of a final judgment as contemplated by this Code |
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| 57 | 57 | | 42 |
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| 58 | 58 | | section; the remaining provisions of Chapter 16 of Title 9 shall be applicable."43 |
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| 59 | 59 | | SECTION 3.44 |
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| 60 | 60 | | All laws and parts of laws in conflict with this Act are repealed.45 |
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| 61 | 61 | | S. B. 232 |
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| 62 | 62 | | - 3 - |
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