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HB 113 - Driver's license; persons under 21; certain suspension

Jenkins, Curtis S (110th)	Randall, William (Billy) C (127th)	Parham, Bobby E (122nd)
Jamieson, Mary Jeanette (22nd)	Taylor, Maretta M (134th)

Status Summary	HC:	MotV	SC:		FR:	01/14/99	LA:	01/15/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for suspension of drivers' licenses of persons under age 21 convicted of certain offenses charged in connection with motor vehicle accidents; and for other purposes.

Code Sections - 40-5-57.1

HB 113                                             LC 25 1149 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 3 of Chapter 5 of Title 40 of the Official 
  1- 2  Code of Georgia Annotated, relating to cancellation, 
  1- 3  suspension, and revocation of drivers' licenses, so as to 
  1- 4  provide for suspension of drivers' licenses of persons under 
  1- 5  age 21 convicted of certain offenses charged in connection 
  1- 6  with motor vehicle accidents; to provide conditions for 
  1- 7  returns of such drivers' licenses; to repeal conflicting 
  1- 8  laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Article 3 of Chapter 5 of Title 40 of the Official Code of 
  1-12  Georgia Annotated, relating to cancellation, suspension, and 
  1-13  revocation of drivers' licenses, is amended by striking Code 
  1-14  Section 40-5-57.1, relating to revocation of licenses of 
  1-15  persons under age 21 for certain offenses and issuance of 
  1-16  new licenses following revocation, and inserting in lieu 
  1-17  thereof the following: 
 
  1-18    "40-5-57.1. 
 
  1-19      (a)(1) Notwithstanding any other provision of this 
  1-20      chapter, the driver's license of any person under 21 
  1-21      years of age convicted of hit and run or leaving the 
  1-22      scene of an accident in violation of Code Section 
  1-23      40-6-270, racing on highways or streets, using a motor 
  1-24      vehicle in fleeing or attempting to elude an officer, 
  1-25      reckless driving, any offense for which four or more 
  1-26      points are assessable under subsection (c) of Code 
  1-27      Section 40-5-57, purchasing an alcoholic beverage in 
  1-28      violation of paragraph (2) of subsection (a) of Code 
  1-29      Section 3-3-23, violation of paragraph (3) or (5) of 
  1-30      subsection (a) of Code Section 3-3-23, or violation of 
  1-31      Code Section 40-6-391 shall be revoked by the department 
  1-32      as provided by this Code section, and a driver's license 
  1-33      revoked under this subsection shall not be reinstated. 
 
 
 
 
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  2- 1      (2) Notwithstanding any other provision of this chapter, 
  2- 2      the driver's license of any person under 21 years of age 
  2- 3      convicted of any violation of any provision of Chapter 6 
  2- 4      or Chapter 8 of this title, other than one specified in 
  2- 5      paragraph (1) of this subsection, charged in connection 
  2- 6      with a motor vehicle accident involving a motor vehicle 
  2- 7      driven by such person and resulting in personal injury 
  2- 8      to or the death of any person or in damage to another 
  2- 9      vehicle shall be suspended by the department as provided 
  2-10      by this Code section. 
 
  2-11      (3) A plea of nolo contendere shall be considered a 
  2-12      conviction for purposes of this subsection.  Notice of 
  2-13      revocation or suspension shall be given by certified 
  2-14      mail, with return receipt requested; or, in lieu 
  2-15      thereof, notice may be given by personal service upon 
  2-16      such person.  Such license shall be surrendered within 
  2-17      ten days of notification of such revocation or 
  2-18      suspension.  Notice given by certified mail with return 
  2-19      receipt requested mailed to the person's last known 
  2-20      address shall be prima-facie evidence that such person 
  2-21      received the required notice. 
 
  2-22    (b) A person whose driver's license has been revoked under 
  2-23    paragraph (1) of subsection (a) of this Code section 
  2-24    shall: 
 
  2-25      (1) Except as otherwise provided by paragraph (2) of 
  2-26      this subsection: 
 
  2-27        (A) Upon a first such revocation, be eligible to apply 
  2-28        for and, subject to the examination requirements of 
  2-29        Code Section 40-5-27 and payment of required fees, be 
  2-30        issued a new driver's license six months from the date 
  2-31        on which the revoked license was surrendered to and 
  2-32        received by the department; and 
 
  2-33        (B) Upon a second or subsequent such revocation, be 
  2-34        eligible to apply for and, subject to the examination 
  2-35        requirements of Code Section 40-5-27 and payment of 
  2-36        required fees, be issued a new driver's license 12 
  2-37        months from the date on which the revoked license was 
  2-38        surrendered to and received by the department; 
 
  2-39      (2) If the driver's license was revoked upon conviction 
  2-40      for violation of Code Section 40-6-391 and the driver's 
  2-41      alcohol concentration at the time of the offense was 
  2-42      0.08 grams or more, be eligible to apply for and, 
  2-43      subject to the examination requirements of Code Section 
 
 
                                 -2- 
 
 
 
  3- 1      40-5-27 and payment of required fees, be issued a new 
  3- 2      driver's license 12 months from the date on which the 
  3- 3      revoked license was surrendered to and received by the 
  3- 4      department. 
 
  3- 5    (c) Any person whose driver's license is revoked under 
  3- 6    paragraph (1) of subsection (a) of this Code section for 
  3- 7    violation of Code Section 40-6-391 shall not be issued a 
  3- 8    new driver's license without submitting proof of 
  3- 9    completion of a DUI Alcohol or Drug Use Risk Reduction 
  3-10    Program approved by the Department of Human Resources and 
  3-11    payment of a fee equivalent to that required for 
  3-12    restoration of a suspended driver's license under 
  3-13    paragraph (1) of subsection (a) of Code Section 40-5-67.2. 
 
  3-14    (d) Any person whose driver's license is revoked under 
  3-15    paragraph (1) of subsection (a) of this Code section for 
  3-16    commission of any offense other than violation of Code 
  3-17    Section 40-6-391 shall not be issued a new driver's 
  3-18    license without submitting proof of completion of a 
  3-19    defensive driving program approved by the Department of 
  3-20    Public Safety and payment of a fee equivalent to that 
  3-21    required for restoration of a suspended driver's license 
  3-22    under paragraph (1) of subsection (a) of Code Section 
  3-23    40-5-63. 
 
  3-24    (e) The period of any driver's license suspension under 
  3-25    paragraph (2) of subsection (a) of this Code section shall 
  3-26    run concurrently with any other period of suspension 
  3-27    imposed under this chapter, shall be indefinite, and shall 
  3-28    expire at such time as the requirements of this subsection 
  3-29    are satisfied.  Any driver's license suspended under 
  3-30    paragraph (2) of subsection (a) of this Code section shall 
  3-31    not be restored without submitting proof of completion of 
  3-32    a defensive driving program approved by the Department of 
  3-33    Public Safety and payment of a fee equivalent to that 
  3-34    required for restoration of a suspended driver's license 
  3-35    under paragraph (1) of subsection (a) of Code Section 
  3-36    40-5-63." 
 
  3-37                           SECTION 2. 
 
  3-38  All laws and parts of laws in conflict with this Act are 
  3-39  repealed. 
 
 
 
 
 
 
 
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