06 LC
29 2257
House
Bill 1465
By:
Representatives Freeman of the
140th,
Ralston of the
7th,
Fleming of the
117th,
May of the
111th,
Keown of the
173rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating
to sexual offenses, so as to provide a forfeiture procedure for motor vehicles
used in the commission of or attempted commission of certain sexual offenses
against victims under 14 years of age; to provide for a cross-reference; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual
offenses, is amended by adding a new Code Section 16-6-5.2 to read as
follows:
"16-6-5.2.
(a)
Any motor vehicle operated by a person in the commission of or to facilitate an
offense involving a victim under 14 years of age and involving the commission
of:
(1)
Kidnapping as defined in Code Section 16-5-40;
(2)
Rape, as defined in Code Section 16-6-1;
(3)
Aggravated sodomy, as defined in Code Section 16-6-2;
(4)
Aggravated child molestation, as defined in Code Section 16-6-4, unless the
defendant was punished as for a misdemeanor;
(5)
Aggravated sexual battery, as defined in Code Section 16-6-22.2;
(6)
Sexual exploitation of children, as defined in Code Section 16-12-100.2,
involving a meeting with a child or a person believed by the defendant to be a
child, unless the defendant was punished as for a misdemeanor; or
(7)
Any attempt as defined in Code Section 16-4-1 to violate the Code sections
referenced in paragraphs (1) through (6) of this Code section
shall
be declared contraband, and the procedure for forfeiture and disposition of
forfeited property shall be as provided for under Code Section
16-6-13.2.
(b)
Use of a motor vehicle in the commission of or to facilitate a violation of the
Code sections referenced in subsection (a) of this Code section shall include a
vehicle used to travel to or from the location of the offense or a vehicle in
which a violation occurred. As used in this Code section, the term 'motor
vehicle' means any motor vehicle as defined in Code Section
40-1-1."
SECTION
2.
Said
chapter is further amended by adding a new subsection to the end of Code Section
16-6-13.2, relating to prosecution, forfeiture, and seizure of property, in rem
actions, and civil proceedings for property involved in certain sexual offenses,
to read as follows:
"(w)
The provisions of this Code section shall apply to proceedings undertaken
pursuant to Code Section
16-6-5.2."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.