2025 Georgia Codes – Page 403

(g)(1) As used in this subsection, the terms “civil forfeiture proceedings,” “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 a viola-
tion of this Code section and any proceeds are declared to be contraband and no person shall have a prop-
erty right in them.
(3) Any property subject to forfeiture pursuant to paragraph (2) of this subsection shall be forfeited in accor-
dance with the procedures set forth in Chapter 16 of Title 9.
(4) The Attorney General shall be specifically authorized to commence civil forfeiture proceedings under
this Code section.
(h)(1) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any crimi-
nal cases arising under the provisions of this Code section and to perform any duty that necessarily apper-
tains thereto.
(2) For purposes of investigating offenses or criminal cases arising under the provisions of this Code section,
the Attorney General shall have the authority to employ peace officers who shall be authorized to execute
all powers of a peace officer.
(i) Each violation of this Code section shall constitute a separate offense and shall not merge with any other
offense.
(j) A corporation may be prosecuted under this Code section for an act or omission constituting a crime under
this Code section only if an agent of the corporation performs the conduct which is an element of the crime
while acting within the scope of his or her office or employment and on behalf of the corporation and the
commission of the crime was either authorized, requested, commanded, performed, or within the scope of
his or her employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of
the company knew or should have known was occurring.
(k) The sole fact that an undercover operative or law enforcement officer was involved in the detection and
investigation of an offense under this Code section shall not constitute a defense to prosecution under this
Code section; provided, however, that Code Section 16-3-25 may still provide an absolute defense.
(l) Any individual who knowingly uses a commercial motor vehicle while committing the offense of traf-
ficking a person for labor or sexual servitude in violation of this Code section shall also be punished by the
revocation of the defendant’s commercial driver’s license and disqualification from driving a commercial
motor vehicle for life in accordance with Code Section 40-5-151.

sions of Article 2 of Chapter 9 of Title 42.
(c) A conviction arising under this Code section shall not merge with a conviction arising under any other
provision of this article.
(d) Any municipality or county may designate one or more commercial areas where there is a high rate of
drug related crime as drug-free commercial zones. A drug-free commercial zone may include only an area
which the municipality or county has previously zoned commercial pursuant to its planning and zoning pow-
ers and any residential area contiguous to such commercially zoned area extending not more than one-half
mile from the external boundary of any portion of the commercially zoned area. A municipality or county
which designates one or more areas as drug-free commercial zones shall be required to make such designa-
tions by ordinance and shall be required to post prominent and conspicuous signs on the boundaries of and
throughout any such drug-free commercial zone. A municipality or county shall be required to file with the
Department of Community Affairs a copy of each ordinance which shall have attached a clearly defined map
describing each drug-free commercial zone and a report evidencing all drug related crimes in such drug-
free commercial zone area during the 12 months preceding the enactment of such ordinance. A municipality
or county shall also be required to file with the Department of Community Affairs, during the period that a
drug-free commercial zone is in effect, annual reports evidencing all drug related crimes in such drug-free
commercial zone. Such ordinances, maps, and drug crime reports shall be maintained in a permanent register
by such department, and copies of such ordinances, maps, and drug crime reports of drug-free commercial
zones shall be made available to the public at a reasonable cost. A drug-free commercial zone shall not be
effective and valid for the purposes of this Code section until it has been adopted by the General Assem-
bly by general law. After the General Assembly has adopted one or more drug-free commercial zones, the
governing authority of each municipality or county which has such a zone or zones designated and adopted
shall be required to have a description of each such zone published in the legal organ of the municipality or
county at least once a week for three weeks. A drug-free commercial zone adopted by the General Assembly
shall remain in effect for five years and shall expire five years from the effective date of such adoption by
the General Assembly. An area which has been a drug-free commercial zone may be continued as or again
designated as a drug-free commercial zone upon the enactment of an ordinance and adoption thereof by the
General Assembly in accordance with the provisions of this subsection. No arrest for a violation of this Code
section shall be permissible for a period of 30 days immediately following the effective date of the adoption
of such drug-free commercial zone by the General Assembly.
(e) In a prosecution under this Code section, a true copy of a map produced or reproduced by any municipal
or county agency or department for the purpose of depicting the location and boundaries of any drug-free
commercial zone and filed and on record at the Department of Community Affairs shall, if certified as a true
copy by the custodian of such records at such department, be admissible and shall constitute prima-facie evi-
dence of the location and boundaries of such zone. A map approved under this Code section may be revised
from time to time by the governing body of the municipality or county; provided, however, that a revised
map shall not become effective and the revised area shall not be a drug-free commercial zone until the
revised map has been filed with the Department of Community Affairs and adopted by the General Assem-
bly by general law; provided, further, that the revision of a drug-free commercial zone shall not extend the
expiration date of such a drug-free commercial zone. The original copy of every map approved or revised
under this subsection or a true copy of such original map shall be filed with the Department of Community
Affairs and shall be maintained as an official record of the department. This subsection shall not preclude the
prosecution from introducing or relying upon any other evidence or testimony to establish any element of
this offense.
(f) The General Assembly hereby adopts and incorporates into this Code section all drug-free commercial
zones which have been adopted by municipal or county ordinance and entered in the register of the Depart-
ment of Community Affairs as provided for in subsection (d) of this Code section on or before July 1, 2015.

used to purchase said property or such debtor’s interest therein; or knowingly or willfully making fraudulent
representation to a debtor about assisting the debtor in connection with said property.
(b) Any person who by foreclosure fraud purchases or attempts to purchase residential property by means of
such fraudulent scheme shall be guilty of a felony.
(c) A person who violates subsection (b) of this Code section shall be punished by imprisonment for not less
than one year nor more than three years or by a fine of not less than $1,000.00 nor more than $5,000.00, or
both.

(3) Any person employed as a professional firefighter on a full-time basis for at least 40 hours per week by
a person or corporation which has a contract with a municipality or county to provide fire prevention and
fire-fighting services for such municipality or county when such person has responsibility for preventing
and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, or
enforcing any municipal or county ordinances pertaining to the prevention and control of fires.
(b) Except as otherwise provided in subsection (c) of this Code section, a person who knowingly and will-
fully obstructs or hinders any firefighter in the lawful discharge of the firefighter’s official duties is guilty of
a misdemeanor.
(c) Whoever knowingly and willfully resists, obstructs, or opposes any firefighter in the lawful discharge of
the firefighter’s official duties by offering or doing violence to the person of such firefighter is guilty of a
felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than
five years.