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,
relating to disposition of property seized, so as to provide for the destruction of a firearm
discharged at a person under 18 years of age; to provide for conforming changes; to provide
for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to
disposition of property seized, is amended by revising Code Section 17-5-51, relating to civil
forfeiture of weapons used in commission of crime, possession of which constitutes crime
or delinquent act, or illegal concealment generally, as follows:
"17-5-51.
<ins>(a) Except as otherwise provided for in subsection (b) of this Code section, any</ins> <del>Any</del> device
which is used as a weapon in the commission of any crime against any person or any
attempt to commit any crime against any person, any weapon the possession or carrying
of which constitutes a crime or delinquent act, and any weapon for which a person has been
convicted of violating Code Section 16-11-126 are declared to be contraband and shall be
forfeited in accordance with the procedures set forth in Chapter 16 of Title 9,
notwithstanding the time frames set forth in Code Section 9-16-7.
<ins>(b) Any firearm which is discharged at a person under 18 years of age is declared to be
contraband and shall be destroyed in accordance with subsection (b) of Code
Section 9-16-19."
</ins> SECTION 2.
Said article is further amended by revising Code Section 17-5-52, relating to disposition of
weapons used in commission of crime or delinquent act involving possession and civil
forfeiture, as follows:
"17-5-52.
When a final judgment is entered finding a defendant guilty of the commission or
attempted commission of a crime against any person or guilty of the commission of a crime
or delinquent act involving the illegal possession or carrying of a weapon, any <ins>weapon or
</ins> device which was used as a weapon in the commission of the crime or delinquent act shall
be turned over by the person having custody of the weapon or device to the sheriff, chief
of police, or other executive officer of the law enforcement agency that originally
confiscated the weapon or device when the weapon or device is no longer needed for
evidentiary purposes. Within one year after receiving the weapon or device, the sheriff,
chief of police, or other executive officer of the law enforcement agency shall <del>return or</del> sell
the weapon <ins>or device when it is unclaimed</ins> as provided in Code Section 17-5-54, <ins>destroy
the weapon or device when it constitutes a firearm that was discharged at a person under
18 years of age as provided for in Code Section 17-5-51,</ins> or, if the weapon or device is
subject to forfeiture, <ins>follow</ins> the procedures set forth in Chapter 16 of Title 9, <del>shall be
followed</del> notwithstanding the time frames set forth in Code Section 9-16-7. A state
attorney seeking forfeiture under this Code section shall commence civil forfeiture
proceedings within 60 days of the entry of a final judgment as contemplated by this Code
section; the remaining provisions of Chapter 16 of Title 9 shall be applicable."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.