Georgia House of Representatives - 1995/1996 Sessions

HB 135 - DUI; second offense; marked driver's license

Page Numbers - 1/ 2/ 3

Code Sections - 40-5-85/ 40-5-85

1. Grindley  35th         2. Klein  39th             3. Barnes  33rd


House Comm: SJudy      /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/11/95  Read 1st Time                                                                
              1/12/95  Read 2nd Time                                                                
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Code Sections amended: 40-5-85, 40-6-391                                                            


HB 135                                            LC 16 3918






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Title 40 of the Official Code of Georgia Annotated,
  1- 2  relating to motor vehicles and traffic, so as to provide
  1- 3  that the driver's license of any person convicted of a
  1- 4  second or subsequent charge of driving under the influence
  1- 5  shall be distinctively marked to indicate such conviction;
  1- 6  to provide for the annual renewal of a driver's license
  1- 7  after a second or subsequent conviction of driving under the
  1- 8  influence; to provide for the fees; to provide for appeals;
  1- 9  to provide for the publication of a DUI offender's
  1-10  photograph after a second conviction; to provide for related
  1-11  matters; to repeal conflicting laws; and for other purposes.

  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-13  Title 40 of the Official Code of Georgia Annotated, relating
  1-14  to motor vehicles and traffic, is amended by striking Code
  1-15  Section 40-5-85 which reads as follows:

  1-16    "40-5-85. (Index)

  1-17    Reserved.",

  1-18  and inserting in lieu thereof a new Code Section 40-5-85 to
  1-19  read as follows:

  1-20    "40-5-85. (Index)

  1-21    (a) Notwithstanding any other provision of this chapter,
  1-22    any person convicted for a second time of the offense of
  1-23    driving under the influence of alcohol or drugs in
  1-24    violation of Code Section 40-6-391 within a five-year
  1-25    period, as measured from the date of any previous arrest
  1-26    for which a conviction was obtained to the date  of the
  1-27    current arrest for which a conviction is obtained, shall,
  1-28    upon compliance with all other requirements for
  1-29    reinstatement of his or her license as provided for in
  1-30    this chapter, be issued a driver's license which shall
  1-31    bear a red bar across the entire top of such license.
  1-32    Such license shall be renewed annually for a three-year


                                 -1- (Index)

                                                  LC 16 3918

  2- 1    period and the renewal fees for such license shall be
  2- 2    $350.00 for the first year, $250.00 for the second year,
  2- 3    and $150.00 for the third year.  Such renewal fees shall
  2- 4    be in addition to any reinstatement fee imposed by any
  2- 5    other law.  Any person convicted a third time of the
  2- 6    offense of driving under the influence of alcohol or drugs
  2- 7    in violation of Code Section 40-6-391, as measured from
  2- 8    the date of any previous arrest for which a conviction was
  2- 9    obtained to the date of the current arrest for which a
  2-10    conviction is obtained, shall, if otherwise qualified
  2-11    under Code Section 40-5-58, be issued a probationary
  2-12    license which shall bear a red bar across the entire top
  2-13    of such license.  Such probationary license shall be
  2-14    renewed annually for such three-year period and the
  2-15    renewal fees for such license shall be $750.00 for the
  2-16    first year, $500.00 for the second year, and $250.00 for
  2-17    the third year.  Such renewal fees shall be in addition to
  2-18    any other fee for initial issuance of a probationary
  2-19    license.  After three years any such person shall be
  2-20    issued a regular driver's license at the regular fee
  2-21    provided that he or she is otherwise entitled to such
  2-22    license under the laws of this state.

  2-23    (b) The department shall provide procedures for any person
  2-24    affected by this Code section to request a reduction in
  2-25    the renewal fee imposed upon a showing by such person of
  2-26    extraordinary hardship."

                         SECTION 2.

  2-27  Said title is further amended by striking subsection (j) of
  2-28  Code Section 40-6-391, relating to driving under the
  2-29  influence of alcohol or drugs, in its entirety and inserting
  2-30  in lieu thereof a new subsection (j) to read as follows:

  2-31      "(j)(1) The clerk of the court in which a person is
  2-32      convicted a third second time under subsection (c) of
  2-33      this Code section shall cause to be published a notice
  2-34      of conviction for each such person convicted. Such
  2-35      notices of conviction shall be published in the manner
  2-36      of legal notices in the legal organ of the county in
  2-37      which such person resides or, in the case of
  2-38      nonresidents, in the legal organ of the county in which
  2-39      the person was convicted.  Such notice of conviction
  2-40      shall be one column wide by two inches long and shall
  2-41      contain the photograph taken by the arresting law
  2-42      enforcement agency at the time of arrest, name, and
  2-43      address of the convicted person and the date, time,


                                 -2- (Index)

                                                  LC 16 3918

  3- 1      place of arrest, and disposition of the case and shall
  3- 2      be published once in the legal organ of the appropriate
  3- 3      county in the second week following such conviction or
  3- 4      as soon thereafter as publication may be made.

  3- 5      (2) The convicted person for which a notice of
  3- 6      conviction is published pursuant to this subsection
  3- 7      shall be assessed $25.00 for the cost of publication of
  3- 8      such notice and such assessment shall be imposed at the
  3- 9      time of conviction in addition to any other fine imposed
  3-10      pursuant to this Code section.

  3-11      (3) The clerk of the court, the publisher of any legal
  3-12      organ which publishes a notice of conviction, and any
  3-13      other person involved in the publication of an erroneous
  3-14      notice of conviction shall be immune from civil or
  3-15      criminal liability for such erroneous publication,
  3-16      provided such publication was made in good faith."

                         SECTION 3.

  3-17  All laws and parts of laws in conflict with this Act are
  3-18  repealed.



























                                 -3- (Index)