hb978_LC_28_4087S_hs_4.html
08 LC 28 4087S

The House Committee on Special Rules offers the following substitute to HB 978:

A BILL TO BE ENTITLED
AN ACT

To amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to provide that any motor vehicle registered in this state that is involved in a violation of the traffic laws of this state or an accident while being operated by a person who is not legally in this country shall be subject to forfeiture; 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.
Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, is amended by adding a new Code section to read as follows:
"40-6-279.
(a) Any motor vehicle that is registered in this state that is:
(1) Involved in a violation of the traffic laws of this state; or
(2) Involved in an accident in this state
while being operated by a person who is not legally in this country shall be considered as property which is subject to forfeiture under the procedures and exceptions contained in Code Section 16-13-49.
(b) Any interest holder or owner of a motor vehicle, as defined in paragraphs (6) and (7) of subsection (a) of Code Section 16-13-49, shall be entitled to use all of the defenses and procedures relating to seizure, forfeiture, or recovery of a motor vehicle provided for in that Code section, unless the interest holder actually knew or the owner knew or should have known that the person using the motor vehicle was not legally in this country. If it is determined that the person operating the vehicle in question is legally present in the United States, such vehicle shall be returned to the interest holder or owner of such vehicle, as applicable, without penalty.
(c) When any motor vehicle is forfeited and sold under the provisions of this Code section, the court shall consider any costs incurred by the victim as a result of any accident that occurred while the motor vehicle was being operated by a person who was not legally in this country and may order that a portion of the proceeds of the sale of the vehicle be distributed to the victim."

SECTION 2.
This Act shall become effective on July 1, 2008.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.