HB42.html

Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of motor vehicle drivers´ licenses, is amended by adding a new Code Section 40_5_54.2 to read as follows:
"40_5_54.2.
(a) Whenever any person is charged with the offenses of:
(1)(A) Homicide by vehicle, as defined by Code Section 40_6_393; or
(B) Feticide by vehicle, as defined by Code Section 40_6_393.1; and
(2)(A) Violating Code Section 40_6_391 where the person´s alcohol concentration at the time of the offense was 0.08 grams or more; or
(B) Exceeding the maximum lawful speed limit by 24 miles per hour or more
and such charges arise out of the same course of conduct, the law enforcement officer shall take the driver´s license of the person so charged. The driver´s license shall be attached to the court´s copy of the citation and complaint form and shall be forwarded to the court having jurisdiction of the offenses. A copy of the citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the driver´s license as required in this Code section shall not prohibit any law enforcement officer or agency from requiring any cash bond authorized by Article 1 of Chapter 6 of Title 17.
(b)(1) No temporary driving permit shall be issued to a person whose driver´s license has been seized as provided by this Code section.
(2) Upon the receipt of a sworn written report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had committed offenses arising out of the same course of conduct which constitute grounds for seizure of a driver´s license under subsection (a) of this Code section, the department shall suspend the person´s driver´s license, subject to review as provided in this chapter.
(c)(1) If the person is convicted of violating or enters a plea of nolo contendere to offenses arising out of the same course of conduct which constitute grounds for seizure of a driver´s license under subsection (a) of this Code section, the court shall, within ten days of such conviction or plea, forward the person´s driver´s license and the record of the disposition of the case to the department, and the department shall forthwith revoke the person´s driver´s license. The department shall not issue any new or renewal driver´s license or permit to any person who is convicted of violating or enters a plea of nolo contendere to offenses arising out of the same course of conduct which constitute grounds for revocation under this subsection.
(2) If the person is not convicted of violating and does not enter a plea of nolo contendere to offenses arising out of the same course of conduct which constitute grounds for seizure of a driver´s license under subsection (a) of this Code section, and the court is in possession of the driver´s license, the court shall upon adjudication or dismissal of the charges return the driver´s license to the person and notify the department forthwith of the disposition of the case, and the suspension of the driver´s license shall terminate upon such adjudication or dismissal; unless the license is in suspension or revocation for any other offense, in which case the court shall forward the license to the department."