HB1390: HB1390 Motor vehicles; declare vehicles used in the commission of reckless stunt driving offenses contraband and authorize forfeiture

26 LC 48 1784S The House Committee on Judiciary, Non-Civil offers the following substitute to HB 1390: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-6-390.1 of the Official Code of Georgia Annotated, relating to1 reckless stunt driving, so as to declare motor vehicles used in the commission of reckless2 stunt driving offenses contraband and authorize forfeiture upon conviction of any such3 offense; to provide 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 Code Section 40-6-390.1 of the Official Code of Georgia Annotat ed, relating to reckless7 stunt driving, is amended by revising subsection (c) as follows:8 "(c)(1) Any motor vehicle operated by a person who has been pre viously convicted of9 a violation of this Code section and who is arrested and charged with convicted of a10 violation of this Code section is declared to be contraband and subject to forfeiture in11 accordance with the procedures set forth in Chapter 16 of Title 9.12 (2) In any case where a vehicle which is the only family vehic le is determined to be13 subject to forfeiture, the court may, if it determines that the financial hardship to the14 family as a result of the forfeiture and sale outweighs the benefit to the state from such15 forfeiture, order the title to the vehicle transferred to such other family member who is16 H. B. 1390 (SUB) - 1 - 26 LC 48 1784S a duly licensed operator and who requires the use of such vehic le for employment or17 family transportation purposes. Such transfer shall be subject to any valid liens and shall18 be granted only once."19 SECTION 2.20 All laws and parts of laws in conflict with this Act are repealed.21 H. B. 1390 (SUB) - 2 -