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04 LC 29 1381S
The House Committee on Special Judiciary offers the following substitute to HB 11:
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated,
relating to motor vehicles, so as to provide for seizure, suspension, and
revocation of
drivers´
licenses for certain conduct; to provide that persons convicted of certain
offenses shall not be licensed again; to provide that homicide by vehicle which
occurs as a result of driving under the influence of alcohol or drugs under
certain circumstances shall be punishable by life imprisonment, imprisonment of
not less than 25 years, or by imprisonment for life without parole; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating
to motor vehicles, 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 homicide by vehicle, as defined by Code Section 40-6-393 and:
(1) 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
(2) 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."
"40-5-54.2.
(a) Whenever any person is charged with the offenses homicide by vehicle, as defined by Code Section 40-6-393 and:
(1) 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
(2) 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."
SECTION 2.
Said title is further amended by striking in its entirety
Code Section 40-6-393, relating to homicide by vehicle, and inserting in lieu
thereof the
following:
"40-6-393.
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years; provided, however, that where the death is caused through a violation of Code Section 40-6-391 and the offender´s alcohol concentration at the time of the offense was greater than 0.16 grams, said offense shall be punished by imprisonment for not less than 25 years, by imprisonment for life, or by imprisonment for life without parole.
(b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
(c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person´s license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years; provided, however, that where the death is caused through a violation of Code Section 40-6-391 and the offender´s alcohol concentration at the time of the offense was greater than 0.16 grams, said offense shall be punished by imprisonment for not less than 25 years, by imprisonment for life, or by imprisonment for life without parole. Adjudication, and adjudication of guilt or imposition of
such sentence for a person so convicted and sentenced to a term of years or
life may be suspended, probated, deferred, or withheld but only after such
person shall have served at least one year in the
penitentiary.
(d) A person sentenced to life without parole for homicide by vehicle in the first degree shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles unless the State Board of Pardons and Paroles or a court of this state shall, after notice and public hearing, determine that such person is innocent of the offense for which the sentence was imposed; and the term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections."
"40-6-393.
(a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years; provided, however, that where the death is caused through a violation of Code Section 40-6-391 and the offender´s alcohol concentration at the time of the offense was greater than 0.16 grams, said offense shall be punished by imprisonment for not less than 25 years, by imprisonment for life, or by imprisonment for life without parole.
(b) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163 or subsection (b) of Code Section 40-6-270 or Code Section 40-6-390 or 40-6-391 or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
(c) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person´s license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years; provided, however, that where the death is caused through a violation of Code Section 40-6-391 and the offender´s alcohol concentration at the time of the offense was greater than 0.16 grams, said offense shall be punished by imprisonment for not less than 25 years, by imprisonment for life, or by imprisonment for life without parole. Adjudication
(d) A person sentenced to life without parole for homicide by vehicle in the first degree shall not be eligible for any form of parole or early release administered by the State Board of Pardons and Paroles unless the State Board of Pardons and Paroles or a court of this state shall, after notice and public hearing, determine that such person is innocent of the offense for which the sentence was imposed; and the term of imprisonment shall not be reduced by any earned time, early release, work release, leave, or other sentence-reducing measures under programs administered by the Department of Corrections."
SECTION 3.
This Act shall become effective upon its approval by the
Governor or upon its becoming law without such approval.
SECTION 4.
All laws and parts of laws in conflict with this Act are
repealed.