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SB 0203 - Secondary Metals Recyclers; public utilities/transportation; increased penalties

Tracking Level: Passed
Sponsor: Harp,Seth 29th
Last Action: 5/29/2007 - Senate Date Signed by Governor
Senate Committee: RI&Util
House Committee: JudyNC
Assigned To:
05. Superior CourtsNext Bill

Staff Analysis of the Legislation

Amend Article 14 of Chapter 1 of Title 10 and 16-8-12.  Relating to secondary metals recyclers and penalties for certain theft crimes, respectively, so as to change provisions relating to actions to recover property.  When a lawful owner recovers stolen regulated metal property forma secondary metals recycler who has knowingly and intentionally not complied with the provisions of this article, and the secondary metals recycler is convicted of theft by taking, theft by conversion, theft by receiving stolen property, or a violation of this article, the court shall order the defendant to make full restitution, including, without limitation, attorneys� fees, court costs, and other expenses to the lawful owner.  Any person selling regulated metal property to a secondary metals recycler in violation of any provision of this article or any secondary metals recycler knowingly and intentionally engaging in any practice which constitutes a violation of this article shall be guilty of a misdemeanor unless the value of the property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated property is in a n aggregate amount which exceeds $500, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000 or by imprisonment for not less than one nor more than five years, or both. 

 

Any local law enforcement agency receiving property under this subsection shall submit an annual report to the local governing authority. The report shall be submitted with the agency�s budget request and shall itemize the property received during the fiscal year and the utilization made thereof.  Upon the application of the president or resident executive officer of any publicly, privately, or cooperatively owned utility operating and doing business in this state as a utility, the Governor may appoint one or more persons as special officers for the protection of the property and interest of such corporation, with power to make arrests, provided that such special officers shall be paid by the corporation applying for such appointment; and provided, further, that such special officers shall not receive any compensation from this state or any county thereof.

 

All special officers appointed and commissioned as provided for in this Code section shall have throughout this state all the powers, duties, and responsibilities of sheriffs or other law enforcement officers of this state while engaged in the performance of their duties as such special officers, except the serving of civil processes.  Every special officer appointed and commissioned under this Code section shall be a resident of the United States and of good character. Every such officer shall be required to post a good and sufficient bond payable to the State of Georgia in the sum of $1,000.00, conditioned on the faithful performance of his or her duties.  All appointments and commissions issued under this Code section shall continue so long as the special officer is employed in such capacity by the publicly, privately, or cooperatively owned utility. The authority of any person appointed under this Code section shall immediately cease whenever such person ceases to be an agent, servant, or employee of the utility applying for the appointment or no longer serves as a special officer of such utility.  Whenever any publicly, privately, or cooperatively owned utility no longer requires the services of any special officer so appointed, it shall file written notice to that effect in the offices of the Governor and the Secretary of State. The appointment and commission of a special officer may be revoked at any time by the Governor, with or without written notice by the president or resident executive officer of the publicly, privately, or cooperatively owned utility applying for the appointment and commission.  All criminal processes served by a special officer shall be returned by the officer to the county from which the same originated.


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