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 161 10-1-359.3 COMMERCE AND TRADE 10-1-359.4 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, as such term is defined in subsection (d) of Code Section 10-1-351, 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. Amendments. The first 2023 amendment, effective July 1, 2023, substituted “subsection (b) of” for “subsection (a) of” in subparagraph (a)(1)(B). The second 2023 amendment, effective July 1, 2023, in subsection (b), deleted “and” at the end of paragraph (b)(1), substituted “; and” for a period at the end of paragraph (b)(2), and added paragraph (b)(3), and, in subsection (c), substituted “Chapter 16 of Title 9” for “Code Section 16-13-49” at the end. See Editor’s notes for applicability.