08 LC 28
3265/AP
House
Bill 333 (AS PASSED HOUSE AND SENATE)
By:
Representatives Starr of the
78th,
Talton of the
145th,
Lunsford of the
110th,
and Glanton of the
76th
A
BILL TO BE ENTITLED
AN
ACT
To
amend Code Section 17-5-52 of the Official Code of Georgia Annotated, relating
to sale or destruction of weapons used in the commission of a crime or
delinquent act involving possession, so as to provide that weapons used in the
commission of a crime or a delinquent act shall be turned over to the sheriff,
chief of police, or other executive officer of a law enforcement agency which
confiscated the weapon for disposal in accordance with law; to provide for
procedures for disposal and record keeping; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 17-5-52 of the Official Code of Georgia Annotated, relating to sale or
destruction of weapons used in the commission of a crime or delinquent act
involving possession, is amended by revising such Code section as
follows:
"17-5-52.
(a)
When a final judgment is entered finding a defendant guilty of the commission or
attempted commission of a crime against any person or guilty of the commission
of a crime or delinquent act involving the illegal possession or carrying of a
weapon, any device which was used as a weapon in the commission of the crime or
delinquent act shall be turned over by the person having custody of the
weapon
or device to the sheriff
of the
county, chief
of police, or other executive officer of the law enforcement agency that
originally
wherein the
device was confiscated
the weapon or
device when the
weapon
or device is no longer needed for
evidentiary purposes. Within 90 days after receiving the
weapon
or device, the
sheriff, chief
of police, or other executive officer of the law enforcement
agency shall retain the
weapon
or device for use in law enforcement,
destroy the same, or
advertise
it for sale in such manner as other sheriff´s sales are advertised and
shall sell the device to the highest bidder at the next sheriff´s sale
conducted after the completion of the
advertisements
sell the
weapon or device pursuant to judicial sale as provided in Article 7 of Chapter
13 of Title 9 or by any commercially feasible
means, provided that, if the
weapon
or device used as a weapon in the crime is
not the property of the defendant, there shall be no forfeiture of such weapon
or
device.
(b)
The proceeds derived from all sales of such
weapons
or devices, after deducting the costs of
the advertising and the sale, shall be turned in to the treasury of the county
wherein the
sale is made; provided, however, that if the device was used in the commission
of a crime within a
or
the municipal
corporation,
the proceeds derived from the sale of
that
sold the
weapon
or
device,
after deducting the costs of the advertising and the sale, shall be turned in to
the treasury of the municipality wherein the crime was
committed.
The proceeds
derived from the sale of such weapons or devices confiscated by a state law
enforcement agency shall be paid into the state treasury.
(c)
Any law enforcement agency that retains, destroys, or sells any weapon or device
pursuant to this Code section shall maintain records that include an accurate
description of each weapon or device along with records of whether each weapon
or device was retained, sold, or
destroyed."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.