08 LC 34
1685S
House
Bill 978 (RULES COMMITTEE SUBSTITUTE)
By:
Representatives Mills of the
25th
and Forster of the
3rd
A
BILL TO BE ENTITLED
AN ACT
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 actually knew that the person operating the motor
vehicle was not legally in this country.
(c)
If an interest holder or owner of a motor vehicle presents a sworn affidavit to
the fact that he or she did not have actual knowledge the operator of the seized
motor vehicle was not legally in this country to the law enforcement agency or
officer that has custody of the motor vehicle, unless the law enforcement agency
has sufficient evidence to prove the interest holder or owner did have actual
knowledge that the operator of the motor vehicle was not legally in this
country, such motor vehicle shall be returned to the interest holder or owner of
such motor vehicle promptly and without penalty.
(d)
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.