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HB 1644 - Personal property in custody of law enf agency; disposition; amend

Jenkins, Curtis S (110th)	Mobley, Barbara J (69th)	Scarlett, Stephen G (174th)

Status Summary	HC:	SJudy	SC:		FR:	03/01/00	LA:	03/06/00	H - Favorably Reported

First Reader Summary

A BILL to amend Code Section 17-5-54 of the Official Code of Georgia Annotated, relating to disposition of personal property in custody of a law enforcement agency, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency; and for other purposes.

HB 1644                                            LC 10 3181 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 17-5-54 of the Official Code of 
  1- 2  Georgia Annotated, relating to disposition of personal 
  1- 3  property in custody of a law enforcement agency, so as to 
  1- 4  change the provisions relating to the disposition of 
  1- 5  personal property in custody of a law enforcement agency; to 
  1- 6  repeal conflicting laws; and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Code Section 17-5-54 of the Official Code of Georgia 
  1-10  Annotated, relating to disposition of personal property in 
  1-11  custody of a law enforcement agency, is amended by striking 
  1-12  in its entirety paragraph (1) of subsection (a) and 
  1-13  inserting in lieu thereof a new paragraph (1) to read as 
  1-14  follows: 
 
  1-15      "(a)(1) Except as otherwise provided in subsections (d) 
  1-16      and (e) of this Code section, when a law enforcement 
  1-17      agency assumes custody of any personal property which is 
  1-18      the subject of a crime or has been abandoned or is 
  1-19      otherwise seized, a disposition of such property shall 
  1-20      be made in accordance with the provisions of this Code 
  1-21      section.  When a final trial judgment is entered finding 
  1-22      a defendant guilty of the commission of a crime, any 
  1-23      personal property used as evidence in the trial shall be 
  1-24      returned to the rightful owner of the property within 30 
  1-25      days following the judgment; provided, however, that if 
  1-26      the judgment is appealed or if the defendant files a 
  1-27      motion for a new trial and if photographs, videotapes, 
  1-28      or other identification or analysis of the property will 
  1-29      not be sufficient evidence for the appeal of the case or 
  1-30      for a new trial, such personal property used as evidence 
  1-31      shall be returned to the rightful owner of the property 
  1-32      within 30 days after a final judgment. All personal 
  1-33      property in the custody of a law enforcement agency, 
  1-34      including personal property used as evidence in a 
  1-35      criminal trial, which is unclaimed after a period of 90 
 
 
                                 -1- 
 
 
 
  2- 1      days following its seizure, or following the final 
  2- 2      conviction in the case of property used as evidence, and 
  2- 3      which is no longer needed in a criminal investigation or 
  2- 4      for evidentiary purposes shall be subject to disposition 
  2- 5      by the law enforcement agency.  The sheriff, chief of 
  2- 6      police, or other executive officer of a law enforcement 
  2- 7      agency shall make application to the superior court for 
  2- 8      an order to retain, sell, or discard such property.  In 
  2- 9      the application the officer shall state each item of 
  2-10      personal property to be retained, sold, or discarded. 
  2-11      Upon the superior court's granting an order for the law 
  2-12      enforcement agency to retain such property, the law 
  2-13      enforcement agency shall retain such property for 
  2-14      official use.  Upon the superior court's granting an 
  2-15      order which authorizes that the property be discarded, 
  2-16      the law enforcement agency shall dispose of the property 
  2-17      as other salvage or nonserviceable equipment.  Upon the 
  2-18      superior court's granting an order for the sale of 
  2-19      personal property, the officer shall provide for a 
  2-20      notice to be placed once a week for four weeks in the 
  2-21      legal organ of the county specifically describing each 
  2-22      item and advising possible owners of items of the method 
  2-23      of contacting the law enforcement agency; provided, 
  2-24      however, that miscellaneous items having an estimated 
  2-25      fair market value of $75.00 or less may be advertised or 
  2-26      sold, or both, in lots.  Such notice shall also 
  2-27      stipulate a date, time, and place said items will be 
  2-28      placed for public sale if not claimed.  Such notice 
  2-29      shall also stipulate whether said items or groups of 
  2-30      items are to be sold in blocks, by lot numbers, by 
  2-31      entire list of items, or separately." 
 
  2-32                           SECTION 2. 
 
  2-33  All laws and parts of laws in conflict with this Act are 
  2-34  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
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