Official Code of Georgia Annotated

Title 17. CRIMINAL PROCEDURE · Chapter 5. SEARCHES AND SEIZURES · Article 3. DISPOSITION OF PROPERTY SEIZED

17-5-51. Civil forfeiture of weapons used in commission of crime, possession of which constitutes crime or delinquent act, or illegal concealment generally.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Any 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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1967, p. 749, § 1; Ga. L. 1977, p. 1131, § 1; Ga. L. 1994, p. 963, § 1; Ga. L. 2010, p. 963, § 2-10/SB 308; Ga. L. 2012, p. 1285, § 2/SB 350; Ga. L. 2015, p. 693, § 3-14/HB 233.

Editor's notes

Ga. L. 2010, p. 963, § 3-1/SB 308, not codified by the General Assembly, provides, in part, that the amendment of this Code section shall apply to all offenses committed on and after June 4, 2010, and shall not affect any prosecutions for acts occurring before June 4, 2010, and shall not act as an abatement of any such prosecution. Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: ‘‘This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure.’’

Law reviews

For article on whether one’s property is forfeited after a conviction based on a nolo contendere plea, see 13 Ga. L. Rev. 723 (1979). For article, ‘‘Crimes and Offenses,’’ see 27 Ga. St. U.L. Rev. 131 (2011). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For note on the 1994 amendment of this Code section and Code Section 17-5-52, see 11 Ga. St. U.L. Rev. 157 (1994).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t17-(v15)-2020-pdf.pdf, Volume V15, 2020 edition, pages 334 to 335; merge action: carried; file SHA-256 0b0d45f9c609.

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