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HB 376 - Driver's license; implied consent; notice on application and license

Stancil, Steve (16th)	Pinholster, Garland (15th)	Scheid, III, Charles F (17th)

Status Summary	HC:	MotV	SC:		FR:	02/01/99	LA:	02/02/99	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 licenses, so as to provide for the notice of implied consent to be printed upon the driver's license application and license; and for other purposes.

HB 376                                             LC 18 9361 
 
 
 
 
 
 
                        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 licenses, so as to provide for 
  1- 4  the notice of implied consent to be printed upon the 
  1- 5  driver's license application and license; to provide that 
  1- 6  possession of a driver's license bearing such notice shall 
  1- 7  be deemed proper advice of implied consent without further 
  1- 8  evidence; to provide for an effective date and 
  1- 9  applicability; to repeal conflicting laws; and for other 
  1-10  purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Article 3 of Chapter 5 of Title 40 of the Official Code of 
  1-14  Georgia Annotated, relating to cancellation, suspension, and 
  1-15  revocation of licenses, is amended by adding at the end of 
  1-16  Code Section 40-5-55, relating to implied consent to 
  1-17  chemical tests, a new subsection (d) to read as follows: 
 
  1-18    "(d) A warning of the consent provision of this Code 
  1-19    section shall be printed on the application for a driver's 
  1-20    license above the signature line and on each new or 
  1-21    renewed driver's license." 
 
  1-22                           SECTION 2. 
 
  1-23  Said article is further amended by adding after subsection 
  1-24  (b.1) of Code Section 40-5-67.1, relating to administration 
  1-25  of chemical tests to determine if a person is driving under 
  1-26  the influence of alcohol or drugs, a new subsection (b.2) to 
  1-27  read as follows: 
 
  1-28    "(b.2) A person's possession of a driver's license having 
  1-29    printed thereon the implied consent warning provided for 
  1-30    by subsection (d) of Code Section 40-5-55, whether or not 
  1-31    such license is in the person's physical possession at the 
  1-32    time a chemical test or tests are requested, shall be 
  1-33    deemed to be proper advice of his or her rights under this 
 
 
 
                                 -1- 
 
 
 
  2- 1    Code section and under Code Section 40-6-392, and the 
  2- 2    results of any chemical test, or the refusal to submit to 
  2- 3    a test, shall be admitted into evidence against such 
  2- 4    person." 
 
  2- 5                           SECTION 3. 
 
  2- 6  This Act shall apply to all cases pending at the time of its 
  2- 7  approval by the Governor or its becoming law without such 
  2- 8  approval and to all prosecutions commenced after the time of 
  2- 9  its approval by the Governor or its becoming law without 
  2-10  such approval. 
 
  2-11                           SECTION 4. 
 
  2-12  This Act shall become effective upon its approval by the 
  2-13  Governor or upon its becoming law without such approval. 
 
  2-14                           SECTION 5. 
 
  2-15  All laws and parts of laws in conflict with this Act are 
  2-16  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-