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HB 639 - DUI; certain multiple violators; vehicles subject to forfeiture

Wiles, John J (34th)

Status Summary	HC:	SJudy	SC:		FR:	02/15/99	LA:	02/16/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Code Section 40-6-391.2 of the Official Code of Georgia Annotated, relating to seizure and forfeiture of motor vehicle operated by habitual violator, so as to declare certain motor vehicles operated by persons whose drivers' licenses are under suspension or revocation pursuant to conviction for violating Code Section 40-6-391 and who are arrested and charged with an additional violation of Code Section 40-6-391 to be contraband and subject to forfeiture to the state; and for other purposes.

HB 639                                             LC 25 1086 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 40-6-391.2 of the Official Code of 
  1- 2  Georgia Annotated, relating to seizure and forfeiture of 
  1- 3  motor vehicle operated by habitual violator, so as to 
  1- 4  declare certain motor vehicles operated by persons whose 
  1- 5  drivers' licenses are under suspension or revocation 
  1- 6  pursuant to conviction for violating Code Section 40-6-391 
  1- 7  and who are arrested and charged with an additional 
  1- 8  violation of Code Section 40-6-391 to be contraband and 
  1- 9  subject to forfeiture to the state; to repeal conflicting 
  1-10  laws; and for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Code Section 40-6-391.2 of the Official Code of Georgia 
  1-14  Annotated, relating to seizure and forfeiture of motor 
  1-15  vehicle operated by habitual violator, is amended by 
  1-16  striking subsection (a) and inserting in lieu thereof the 
  1-17  following: 
 
  1-18    "(a) Except as provided in this Code section, any motor 
  1-19    vehicle operated by a person who has been declared a 
  1-20    habitual violator for three violations of Code Section 
  1-21    40-6-391 and whose driver's license has been suspended or 
  1-22    revoked pursuant to a conviction for violation of Code 
  1-23    Section 40-6-391 and who is arrested and charged with a an 
  1-24    additional violation of Code Section 40-6-391 which occurs 
  1-25    prior to the reinstatement of the suspended driver's 
  1-26    license or the issuance of a new driver's license, is 
  1-27    declared to be contraband and subject to forfeiture to the 
  1-28    state, as provided in this Code section, provided that 
  1-29    said forfeiture shall not be absolute unless the defendant 
  1-30    is finally convicted of such offense." 
 
  1-31                           SECTION 2. 
 
  1-32  All laws and parts of laws in conflict with this Act are 
  1-33  repealed. 
 
 
 
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