Georgia House of Representatives - 1995/1996 Sessions

HB 160 - Fleeing or attempting to elude police; felony

Page Numbers - 1/ 2/ 3

Code Sections - 40-6-395

1. Westmoreland  104th    2. Hembree  98th           3. Kaye  37th
4. Lakly  105th           5. Brown  130th


House Comm: SJudy      /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/12/95  Read 1st Time                                                                
              1/13/95  Read 2nd Time                                                                
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Code Sections amended: 40-6-395                                                                     


HB 160                                             LC 9 8012






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 15 of Chapter 6 of Title 40 of the Official
  1- 2  Code of Georgia Annotated, relating to serious traffic
  1- 3  offenses, so as to provide that fleeing or attempting to
  1- 4  elude a pursuing police vehicle or police officer under
  1- 5  certain conditions shall constitute a felony; to change the
  1- 6  penalty provisions relating to the offense of fleeing or
  1- 7  attempting to elude a police officer; to repeal conflicting
  1- 8  laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Article 15 of Chapter 6 of Title 40 of the Official Code of
  1-11  Georgia Annotated, relating to serious traffic offenses, is
  1-12  amended by striking in its entirety Code Section 40-6-395,
  1-13  relating to the offense of fleeing or attempting to elude a
  1-14  police officer, and inserting in lieu thereof a new Code
  1-15  Section 40-6-395 to read as follows:

  1-16    "40-6-395. (Index)

  1-17    (a) It shall be unlawful for any driver of a vehicle
  1-18    willfully to fail or refuse to bring his or her vehicle to
  1-19    a stop or otherwise to flee or attempt to elude a pursuing
  1-20    police vehicle or police officer when given a visual or an
  1-21    audible signal to bring the vehicle to a stop.  The signal
  1-22    given by the police officer may be by hand, voice,
  1-23    emergency light, or siren.  The officer giving such signal
  1-24    shall be in uniform prominently displaying his or her
  1-25    badge of office, and his or her vehicle shall be
  1-26    appropriately marked showing it to be an official police
  1-27    vehicle.

  1-28      (b)(1) Any person violating the provisions of subsection
  1-29      (a) of this Code section shall be guilty of a high and
  1-30      aggravated misdemeanor and: felony and, upon conviction,
  1-31      shall be punished by imprisonment for not less than two
  1-32      nor more than five years. 



                                 -1- (Index)

                                                   LC 9 8012

  2- 1        (A) Upon conviction shall be fined not less than
  2- 2        $300.00 nor more than $5,000.00, which fine shall not
  2- 3        be subject to suspension, stay, or probation or
  2- 4        imprisoned for up to 12 months, or both; 

  2- 5        (B) Upon the second conviction within a five-year
  2- 6        period of time, as measured from the dates of previous
  2- 7        arrests for which convictions were obtained to the
  2- 8        date of the current arrest for which a conviction is
  2- 9        obtained, shall be fined not less than $600.00 nor
  2-10        more than $5,000.00, which fine shall not be subject
  2-11        to suspension, stay, or probation or imprisoned for up
  2-12        to 12 months, or both; and for purposes of this
  2-13        paragraph, previous pleas of nolo contendere accepted
  2-14        within such five-year period shall constitute
  2-15        convictions; and 

  2-16        (C) Upon the third or subsequent conviction within a
  2-17        five-year period of time, as measured from the dates
  2-18        of previous arrests for which convictions were
  2-19        obtained to the date of the current arrest for which a
  2-20        conviction is obtained, shall be fined not less than
  2-21        $1,000.00 nor more than $5,000.00, which fine shall
  2-22        not be subject to suspension, stay, or probation or
  2-23        imprisoned for up to 12 months, or both; and for
  2-24        purposes of this paragraph, previous pleas of nolo
  2-25        contendere accepted within such five-year period shall
  2-26        constitute convictions. 

  2-27      (2) For the purpose of imposing a sentence under this
  2-28      subsection, a plea of nolo contendere shall constitute a
  2-29      conviction. 

  2-30      (3) If the payment of the fine required under paragraph
  2-31      (1) of this subsection will impose an economic hardship
  2-32      on the defendant, the judge, at his sole discretion, may
  2-33      order the defendant to pay such fine in installments and
  2-34      such order may be enforced through a contempt proceeding
  2-35      or a revocation of any probation otherwise authorized by
  2-36      this subsection. 

  2-37      (4) Notwithstanding the limits set forth in any
  2-38      municipal charter, any municipal court of any
  2-39      municipality shall be authorized to impose the
  2-40      punishments provided for in this subsection upon a
  2-41      conviction of violating this subsection or upon
  2-42      conviction of violating any ordinance adopting the
  2-43      provisions of this subsection. 



                                 -2- (Index)

                                                   LC 9 8012

  3- 1      (5) Any person violating the provisions of subsection
  3- 2      (a) of this Code section and, while fleeing or
  3- 3      attempting to elude a pursuing police vehicle or police
  3- 4      officer, operates his vehicle in excess of 30 miles an
  3- 5      hour above the posted speed limit or leaves the state
  3- 6      shall be guilty of a misdemeanor of a high and
  3- 7      aggravated nature.

  3- 8    (c) It shall be unlawful for a person:

  3- 9      (1) To impersonate a sheriff, deputy sheriff, state
  3-10      trooper, agent of the Georgia Bureau of Investigation,
  3-11      agent of the Federal Bureau of Investigation, police
  3-12      officer, or any other authorized law enforcement officer
  3-13      by using a motor vehicle or motorcycle designed,
  3-14      equipped, or marked so as to resemble a motor vehicle or
  3-15      motorcycle belonging to any federal, state, or local law
  3-16      enforcement agency; or

  3-17      (2) Otherwise to impersonate any such law enforcement
  3-18      officer in order to direct, stop, or otherwise control
  3-19      traffic."

                         SECTION 2.

  3-20  All laws and parts of laws in conflict with this Act are
  3-21  repealed.
























                                 -3- (Index)