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SB 149 - DUI - provisions on publishing photographs of offenders

Stephens, William V. (51st)

Status Summary	SC:	Judy	HC:		FR:	02/12/99	LA:	02/12/99	S - Read 1st time

First Reader Summary

A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving under the influence of alcohol, drugs, or other intoxicating substances, so as to change certain provisions relating to publishing of photographs of offenders.

SB 149 99                                          LC 25 1266 
 
      SENATE BILL 149 
 
      By:  Senator Stephens of the 51st 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 40-6-391 of the Official Code of 
  1- 2  Georgia Annotated, relating to driving under the influence 
  1- 3  of alcohol, drugs, or other intoxicating substances, so as 
  1- 4  to change certain provisions relating to publishing of 
  1- 5  photographs of offenders; to repeal conflicting laws; and 
  1- 6  for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Code Section 40-6-391 of the Official Code of Georgia 
  1-10  Annotated, relating to driving under the influence of 
  1-11  alcohol, drugs, or other intoxicating substances, is amended 
  1-12  by striking subsection (j) and inserting in lieu thereof the 
  1-13  following: 
 
  1-14      "(j)(1) The clerk of the court in which a person is 
  1-15      convicted a third time under subsection (c) of this Code 
  1-16      section shall cause to be published a notice of 
  1-17      conviction for each such person convicted.  Such notices 
  1-18      of conviction shall be published in the manner of legal 
  1-19      notices in the legal organ of the county in which such 
  1-20      person resides or, in the case of nonresidents, in the 
  1-21      legal organ of the county in which the person was 
  1-22      convicted.  Such notice of conviction shall be one 
  1-23      column wide by two inches long and shall contain the 
  1-24      photograph taken by the arresting law enforcement agency 
  1-25      at the time of arrest, name, and address of the 
  1-26      convicted person and the date, time, place of arrest, 
  1-27      and disposition of the case and shall be published once 
  1-28      in the legal organ of the appropriate county in the 
  1-29      second week following such conviction or as soon 
  1-30      thereafter as publication may be made. 
 
  1-31      (2) The convicted person for which a notice of 
  1-32      conviction is published pursuant to this subsection 
  1-33      shall be assessed $25.00 $50.00 for the cost of 
  1-34      publication of such notice and such assessment shall be 
 
 
 
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  2- 1      imposed at the time of conviction in addition to any 
  2- 2      other fine imposed pursuant to this Code section. 
 
  2- 3      (3) The clerk of the court, the publisher of any legal 
  2- 4      organ which publishes a notice of conviction, and any 
  2- 5      other person involved in the publication of an erroneous 
  2- 6      notice of conviction shall be immune from civil or 
  2- 7      criminal liability for such erroneous publication, 
  2- 8      provided such publication was made in good faith." 
 
  2- 9                           SECTION 2. 
 
  2-10  All laws and parts of laws in conflict with this Act are 
  2-11  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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