2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 16 - Civil Forfeiture of Property Used in Burglary, Armed Robbery, or Home Invasion
§ 16-16-2. Civil Forfeiture of Property Used to Commit Property Related Offenses

1. As used in this Code section, the terms "proceeds" and "property" shall have the same meanings as set forth in Code Section 9-16-2.
2. Any property which is, directly or indirectly, used or intended for use in any manner to facilitate the commission of a burglary, home invasion, or armed robbery and any proceeds are declared to be contraband and no person shall have a property right in them.
3. 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.

(Code 1981, §16-16-2, enacted by Ga. L. 2015, p. 693, § 2-27/HB 233.)

- Ga. L. 2015, p. 693, § 2-27/HB 233, repealed former Code Section16-16-2, pertaining to forfeiture, and enacted the present Code section. The former Code section was based on Code 1981, § 16-16-2, enacted by Ga. L. 1995, p. 1051, § 4; Ga. L. 2012, p. 1285, § 1/SB 350; Ga. L. 2014, p. 426, § 8/HB 770.

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."

- For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 1 (2015).

JUDICIAL DECISIONS

Editor's note.

- In light of the similarity of the statutory provisions, annotations decided under former O.C.G.A. § 16-6-2 are included in the annotations for this Code section.

- Forfeiture of a pickup truck and a trailer used to commit a burglary was upheld as the state's burden of proof was "by a preponderance of the evidence" and not "beyond a reasonable doubt" as alleged by the property owner; furthermore, the state was not required to prove a burglary conviction under O.C.G.A. § 16-7-1, or that charges were even filed, and whether a burglary took place without the owner's knowledge or consent was a fact question to be resolved by the court, which as the trier of fact, was not obligated to believe a witness even if the testimony was uncontradicted. Walker v. State of Ga., 281 Ga. App. 526, 636 S.E.2d 705 (2006) (decided under former O.C.G.A. § 16-6-2).

Sec.

• 16-17-1. "Payday lending" defined; legislative findings; prohibited activity; no impairment of agencies with concurrent jurisdiction.
• 16-17-2. Prohibition on loans of less than $3,000.00; exceptions; penalty for violations.
• 16-17-3. Collection of indebtedness barred; civil action permitted by borrowers.
• 16-17-4. Liability for civil penalty to state; distribution of proceeds.
• 16-17-5. Tax on loans.
• 16-17-6. Evidence and investigation in pursuit of prosecutions.
• 16-17-7. Prohibition against issuance of certificate of authority from Secretary of State.
• 16-17-8. Site of payday lending is public nuisance.
• 16-17-9. Special provisions for borrowers who are members of the military or their respective spouses.
• 16-17-10. Severability.

- For article on 2004 enactment of this chapter, see 21 Ga. St. U.L. Rev. 59 (2004).

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Moneylenders and Pawnbrokers, § 1 et seq.