Section 10-1-359.3. Items declared contraband; forfeiture of contraband  


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  •    (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 (a) 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; and

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

    (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 Code Section 16-13-49.
Code 1981, § 10-1-359.3, enacted by Ga. L. 2012, p. 112, § 1-1/HB 872.