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03 LC 31 0151
House Bill 169
By: Representatives Rogers of the 20th, Black of the 144th and Parham of the 94th
By: Representatives Rogers of the 20th, Black of the 144th and Parham of the 94th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 40_5_64 of the Official Code of
Georgia Annotated, relating to limited driving permits for certain offenders, so
as to authorize such permits for certain persons whose drivers´ licenses
have been suspended under Code Section 40_5_57.1; to provide for duration of
such permits; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Code Section 40_5_64 of the Official Code of Georgia
Annotated, relating to limited driving permits for certain offenders, is amended
by striking paragraph (1) of subsection (a) and inserting in lieu thereof the
following:
"(1) Notwithstanding any contrary provision of Code Section 40_5_57 or 40_5_63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40_6_391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person´s driver´s license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40_5_22, subsection (d) of Code Section 40_5_57, paragraph (1) of subsection (a) of Code Section 40_5_63, or paragraph (1) of subsection (a) of Code Section 40_5_67.2; or if the person´s driver´s license has been suspended subject to the provisions of subparagraph (b)(1)(A) of Code Section 40_5_57.1 for a speed limit offense for which four or more points are assessable under subsection (c) of Code Section 40_5_57 and such person is not yet eligible to apply for license reinstatement but has completed the defensive driving program required by subsection (c) of Code Section 40_5_57.1."
"(1) Notwithstanding any contrary provision of Code Section 40_5_57 or 40_5_63 or any other Code section of this chapter, any person who has not been previously convicted or adjudicated delinquent for a violation of Code Section 40_6_391 within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, may apply for a limited driving permit when and only when that person´s driver´s license has been suspended in accordance with paragraph (2) of subsection (a.1) of Code Section 40_5_22, subsection (d) of Code Section 40_5_57, paragraph (1) of subsection (a) of Code Section 40_5_63, or paragraph (1) of subsection (a) of Code Section 40_5_67.2; or if the person´s driver´s license has been suspended subject to the provisions of subparagraph (b)(1)(A) of Code Section 40_5_57.1 for a speed limit offense for which four or more points are assessable under subsection (c) of Code Section 40_5_57 and such person is not yet eligible to apply for license reinstatement but has completed the defensive driving program required by subsection (c) of Code Section 40_5_57.1."
SECTION 2.
Said Code section is further amended by striking subsection
(e) and inserting in lieu thereof the
following:
"(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the expiration of 30 days after the date on which the permittee becomes eligible to apply for license reinstatement under subparagraph (b)(1)(A) of Code Section 40_5_57.1 in the case of such a person whose driver´s license has been suspended for a speed limit offense for which four or more points are assessable under subsection (c) of Code Section 40_5_57, upon the driver´s eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40_5_22, upon the expiration of one year following the effective date of suspension of the applicant´s driver´s license in the case of a suspension for an offense listed in Code Section 40_5_54 or a suspension under Code Section 40_5_57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40_5_63 for a violation of Code Section 40_6_391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40_5_67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver´s license. A person convicted of such offense whose driver´s license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction. Upon the applicant´s execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver´s license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver´s license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant´s surrender to the department of his or her driver´s license and the execution of a similar affidavit, or if the driver´s license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
"(e) Duration of permit. A permit issued pursuant to this Code section shall be $25.00 and shall be nonrenewable and shall become invalid upon the expiration of 30 days after the date on which the permittee becomes eligible to apply for license reinstatement under subparagraph (b)(1)(A) of Code Section 40_5_57.1 in the case of such a person whose driver´s license has been suspended for a speed limit offense for which four or more points are assessable under subsection (c) of Code Section 40_5_57, upon the driver´s eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40_5_22, upon the expiration of one year following the effective date of suspension of the applicant´s driver´s license in the case of a suspension for an offense listed in Code Section 40_5_54 or a suspension under Code Section 40_5_57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40_5_63 for a violation of Code Section 40_6_391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40_5_67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver´s license. A person convicted of such offense whose driver´s license had been surrendered to the court in which such conviction was adjudged may apply to the department for a limited driving permit immediately following such conviction. Upon the applicant´s execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation of his or her driver´s license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit. A person convicted of such offense whose driver´s license had not been surrendered to such court immediately following such conviction may apply to the department for a permit. Upon the applicant´s surrender to the department of his or her driver´s license and the execution of a similar affidavit, or if the driver´s license has been lost, upon execution of an additional affidavit to that effect, the department may issue such person a limited driving permit."
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.