Georgia § 16-13-49 - Declared items of contraband; forfeiture.

§ 16-13-49. Declared items of contraband; forfeiture.

As used in this Code section, the term: "Controlled substance" shall have the same meaning as set forth in Code Section 16-13-21 and shall include marijuana, as such term is defined in Code Section 16-13-21. "Enterprise" means any person, sole proprietorship, partnership, corporation, trust, association, or other legal entity created under the laws of the United States or any foreign nation or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit enterprises and governmental as well as other entities. "Proceeds" shall have the same meaning as set forth in Code Section 9-16-2. "Property" shall have the same meaning as set forth in Code Section 9-16-2. "United States" shall have the same meaning as set forth in Code Section 9-16-2. Except as provided in subsection (d) of this Code section, the following are declared to be contraband and no person shall have a property right in them: Any controlled substances, raw materials, or controlled substance analogs that have been manufactured, distributed, dispensed, possessed, or acquired in violation of this article; Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article and any proceeds; Any property located in this state which was, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or the laws of the United States relating to controlled substances that is punishable by imprisonment for more than one year and any proceeds; Any interest, security, claim, or property or contractual right of any kind affording a source of influence over any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of this article or the laws of the United States relating to controlled substances that is punishable by imprisonment for more than one year and any proceeds; Any property found in close proximity to any controlled substance or other property subject to forfeiture under this Code section; and Any weapon available for any use in any manner to facilitate a violation of this article. Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9. Property shall not be subject to forfeiture under this Code section for a violation involving only one gram or less of a mixture containing cocaine or four ounces or less of marijuana unless such property was used to facilitate a transaction in or a purchase of or sale of a controlled substance. In addition to persons authorized to seize property pursuant to Code Section 9-16-6, property which is subject to forfeiture under this Code section may be seized by the director of the Georgia Drugs and Narcotics Agency or by any drug agent of this state or any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. Controlled substances included in Schedule I which are contraband and any controlled substance whose owners are unknown shall be summarily forfeited to the state. The court may include in any judgment of conviction under this article an order forfeiting any controlled substance involved in the offense to the extent of the defendant's interest. (Code 1981, § 16-13-49 , enacted by Ga. L. 2015, p. 693, § 2-22/HB 233.) Cross references. - Forfeiture of pimping proceeds, § 16-6-13.3 . Land bank authority established, § 48-4-61 . Editor's notes. - Ga. L. 2015, p. 693, § 2-22/HB 233, repealed former Code Section 16-13-49, pertaining to forfeiture, and enacted the present Code section. The former Code section was based on Code 1933, § 79A-828, enacted by Ga. L. 1974, p. 221, § 1; Ga. L. 1975, p. 919, §§ 1, 2; Ga. L. 1979, p. 879, §§ 1-3; Ga. L. 1981, p. 180, § 3; Ga. L. 1982, p. 3, § 16; Ga. L. 1982, p. 2273, § 1; Ga. L. 1982, p. 2325, § 2; Ga. L. 1983, p. 469, § 1; Ga. L. 1986, p. 451, § 1; Ga. L. 1988, p. 958, § 1; Ga. L. 1991, p. 886, § 1; Ga. L. 1992, p. 6, § 16; Ga. L. 1993, p. 1434, § 1; Ga. L. 2000, p. 1225, § 5; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 362, § 30; Ga. L. 2002, p. 1039, §§ 1A-1C; Ga. L. 2002, p. 1286, § 1; Ga. L. 2003, p. 191, § 7; Ga. L. 2004, p. 488, § 3. Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure." Law reviews. - For article on the 2015 enactment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015). For note, "Crime and Offense: Controlled Substances: Provide for the Distribution of Forfeited Real Property; Authorize the Acquisition of Forfeited Real Property by Land Bank Authorities," see 19 Ga. St. U.L. Rev. 92 (2002). For note, "Crime and Offense: Relating to Forfeiture of Certain Contraband Property; Change Provisions Relating to Exemptions; Change Certain Provisions Relating to Forfeiture of Certain Contraband Property Relative to Controlled Substances; To Provide for Specific Repeal of Certain Related Provisions," see 19 Ga. St. U.L. Rev. 115 (2002).