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.