HB 235 seeks to amend Chapter 11 of Title 40 and Article 3 of Chapter 5 of Title 17 of the O.C.G.A., relating to abandoned motor vehicles and to disposition of property seized by law enforcement, respectively.

            The bill explicates protocol in instances of the presence of abandoned or derelict motor vehicles on public streets, roads, highways, or other public property. Peace officers must perform unattended vehicle checks on the motor vehicle and complete and attach an unattended vehicle check card. It is unlawful for any person other than a peace officer to attach such document to the vehicle, and upon conviction for such act, shall be guilty of a misdemeanor.

            It shall be unlawful for the owner or operator of a paid private parking space within 500 feet of an establishment that serves alcoholic beverages to remove, tow, or immobilize a motor vehicle between midnight and noon of the following day. They are still permitted to charge a fee not exceeding $25 for vehicles which remain on the premises in during such period without authorization. Any person in violation of this provision shall be guilty of a misdemeanor.

            The bill glosses protocol for the removal of the vehicle by law enforcement officials or peace officers. The officer or official must, within 7 calendar days from the time of the removal, attempt to determine vehicle ownership through official inquiries to the Department of Revenue vehicle registration and vehicle title files in order to notify such person removing the motor vehicle.

            Within 30 days of the removal or storage of the vehicle, the person removing or storing the vehicle shall notify all owners, security interest holders, and lienholders, if known, by written acknowledgement of the location of the vehicle, associated fees, and the fact that the motor vehicle will be disposed of under the authority of this article unless the recipient of such notice redeems the vehicle within 30 days through the payment of all fees owed. The bill further specifies legal protocol if the vehicle is not redeemed within 30 days.

            If the vehicle is sold, the seller shall provide the clerk of the court with a copy of the bill of sale as provided to the purchaser and turn the remaining proceeds of the sale, if any, over to the clerk of the court. Any person who fails to comply shall be guilty of a misdemeanor.

            Further specifications are made in terms of the division of proceeds of the sale of the car and to which bodies such funds shall be directed.

            The bill explicates the handling of contents within the vehicle, which should be surrendered to the nearest law enforcement agency.