---
title: O.C.G.A. § 10-1-359.3. Forfeiture; items declared contraband.
collection: code
id: 10-1-359.3
cite_as: O.C.G.A. § 10-1-359.3 (2025)
canonical_url: https://georgiacommons.org/code/10-1-359.3
md_url: https://georgiacommons.org/code/10-1-359.3.md
text_url: https://georgiacommons.org/code/10-1-359.3/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t10-(v8)-pdf.pdf?sfvrsn=c78ce5c1_0#page=26
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCE AND TRADE / SELLING AND OTHER TRADE PRACTICES / SECONDARY METALS RECYCLERS
---

# O.C.G.A. § 10-1-359.3. Forfeiture; items declared contraband.

(a) As used in this Code section, the term:

(1) “Crime” means:

(A) Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft was regulated metal property;

(B) Criminal damage to property in the first degree in violation of paragraph (2) of subsection (b) of Code Section 16-7-22; or

(C) A criminal violation of this article.

(2) “Proceeds” shall have the same meaning as set forth in Code Section 16-13-49.

(3) “Property” shall have the same meaning as set forth in Code Section 16-13-49.

(b) The following are declared to be contraband, and no person shall have a property right in them:

(1) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom;

(2) Any weapon possessed, used, or available for use in any manner to facilitate a crime; and

(3) Any used, detached catalytic converter possessed in violation of subsection (d) of Code Section 10-1-351 and any vehicle used in the transportation of such used, detached catalytic converter, provided that any civil forfeiture proceedings for any vehicle seized pursuant to this subsection, including the reporting requirements set forth in Code Section 9-16-7, shall be stayed during the pendency of criminal proceedings unless otherwise agreed to by the owner or interest holder of such vehicle.

(c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

## History

Code 1981, § 10-1-359.3, enacted by Ga. L. 2012, p. 112, § 1-1/HB 872; Ga. L. 2023, p. 69, § 1/HB 227, effective July 1, 2023; Ga. L. 2023, p. 71, § 1-8/SB 60, effective July 1, 2023; Ga. L. 2025, p. 691, § 7/SB 40, effective July 1, 2025.

## Editor's Notes

Ga. L. 2025, p. 691, § 10/SB 40, not codified by the General Assembly, provides, in part, that the Act shall apply to all transactions occurring on and after July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, deleted “, as such term is defined in subsection (d) of Code Section 10-1-351,” following “catalytic converter” in paragraph (b)(3). See Editor’s notes for applicability.