Secondary Metals Recycler Registration

This code section explains the following:

- Forfeiture and seizure of materials, vehicles, and tools used in the commission of the metal theft..

 

O.G.G.A. 10-1-362(a) As used in this Code Section, the term:

(1) 'Crime' means:

(A) Theft by taking in violation of O.C.G.A. 16-8-2, theft by conversion in violation of O.C.G.A. 16-8-4, or theft by receiving stolen property in violation of O.C.G.A. 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 O.C.G.A. 16-7-22; or

(C) A criminal violation of this article.

(2) 'Proceeds' shall have the same meaning as set forth in O.C.G.A. 16-13-49.

(3) 'Property' shall have the same meaning as set forth in O.C.G.A. 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 there from; 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 O.C.G.A. 16-13-49.

Blank text.