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03 LC 29 0605/AP
House Bill 20 (AS PASSED HOUSE
AND SENATE)
By: Representative Bridges of the 7th
By: Representative Bridges of the 7th
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Code Section 15-21-112 of the Official Code of
Georgia Annotated, relating to additional penalty for violation of Code Section
40-6-391, so as to increase said penalty; to amend Chapter 15 of Title 17 of the
Official Code of Georgia Annotated, relating to victim compensation, so as to
change certain provisions relating to persons eligible for awards; to change
certain provisions relating to victim compensation awards, required findings,
amounts of awards, rejection of claims, reductions, exemptions from garnishment
and execution, exemption from treatment as ordinary income, effective date of
awards, and psychological counseling for relatives of deceased victims; to
provide for compensation in the form of a memorial sign for victims of homicide
by vehicle caused by violations of Code Section 40-6-391; to provide
legislative declarations; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
The General Assembly declares that this Act is enacted
pursuant to the provisions of Article III, Section VI, Paragraph VI(f) of the
Constitution.
SECTION 2.
Code Section 15-21-112 of the Official Code of Georgia
Annotated, relating to additional penalty for violation of Code Section
40-6-391, is amended by striking subsection (a) and inserting in lieu thereof
the
following:
"(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor´s, recorder´s, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of$25.00 or 10 percent $26.00 or 11 percent of the
original fine."
"(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor´s, recorder´s, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of
SECTION 3.
Chapter 15 of Title 17 of the Official Code of Georgia
Annotated, relating to victim compensation, is amended in subsection (a) of Code
Section 17-15-7, relating to persons eligible for awards, by inserting a new
paragraph (2.1) to read as
follows:
"(2.1) For purposes of an award under subsection (k) of Code Section 17-15-8, any member of the immediate family of a victim of homicide by vehicle caused by a violation of Code Section 40-6-391;"
"(2.1) For purposes of an award under subsection (k) of Code Section 17-15-8, any member of the immediate family of a victim of homicide by vehicle caused by a violation of Code Section 40-6-391;"
SECTION 4.
Said chapter is further amended in Code Section 17-15-8,
relating to victim compensation awards, required findings, amounts of awards,
rejection of claims, reductions, exemptions from garnishment and execution,
exemption from treatment as ordinary income, effective date of awards, and
psychological counseling for relatives of deceased victims, by adding a new
subsection (k) to read as
follows:
"(k)(1) In addition to any other award authorized by this Code section, in any case where a deceased was a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 on any road which is part of the state highway system, upon request of the next of kin of the deceased an award of compensation in the form of a memorial sign erected by the Department of Transportation as provided by this subsection shall be paid to an eligible claimant.
(2) The provisions of paragraph (4) of subsection (a) of this Code section shall not apply for purposes of eligibility for awards made under this subsection, and the value of any award paid to a claimant under this subsection shall not apply toward or be subject to any limitation on award amounts paid to any claimant under other provisions of this Code section.
(3) The Department of Transportation, upon receiving payment for the cost of materials and labor from the board, shall upon request of the next of kin of the deceased erect a sign memorializing the deceased on the right of way of such public highway at the location of the accident or as near thereto as safely and reasonably possible and shall maintain such sign for a period of five years from the date the sign is erected unless its earlier removal is requested in writing by the next of kin. Such sign shall be 24 inches wide by 36 inches high and depict a map of the State of Georgia, with a dark blue background and a black outline of the state boundaries. A border of white stars shall be placed on the inside of the state boundaries, and the sign shall contain the words 'In Memory of (name), DUI Victim (date of accident).'
(4) In the event of multiple such claims arising out of a single motor vehicle accident, the names of all deceased victims for whom such claims are made and for whom a request has been made by the next of kin of the deceased may be placed on one such sign or, if necessary, on one such sign and a plaque beneath of the same color as the sign. In the event of multiple claims relating to the same deceased victim, no more than one such sign shall be paid for and erected for such victim."
"(k)(1) In addition to any other award authorized by this Code section, in any case where a deceased was a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 on any road which is part of the state highway system, upon request of the next of kin of the deceased an award of compensation in the form of a memorial sign erected by the Department of Transportation as provided by this subsection shall be paid to an eligible claimant.
(2) The provisions of paragraph (4) of subsection (a) of this Code section shall not apply for purposes of eligibility for awards made under this subsection, and the value of any award paid to a claimant under this subsection shall not apply toward or be subject to any limitation on award amounts paid to any claimant under other provisions of this Code section.
(3) The Department of Transportation, upon receiving payment for the cost of materials and labor from the board, shall upon request of the next of kin of the deceased erect a sign memorializing the deceased on the right of way of such public highway at the location of the accident or as near thereto as safely and reasonably possible and shall maintain such sign for a period of five years from the date the sign is erected unless its earlier removal is requested in writing by the next of kin. Such sign shall be 24 inches wide by 36 inches high and depict a map of the State of Georgia, with a dark blue background and a black outline of the state boundaries. A border of white stars shall be placed on the inside of the state boundaries, and the sign shall contain the words 'In Memory of (name), DUI Victim (date of accident).'
(4) In the event of multiple such claims arising out of a single motor vehicle accident, the names of all deceased victims for whom such claims are made and for whom a request has been made by the next of kin of the deceased may be placed on one such sign or, if necessary, on one such sign and a plaque beneath of the same color as the sign. In the event of multiple claims relating to the same deceased victim, no more than one such sign shall be paid for and erected for such victim."
SECTION 5.
All laws and parts of laws in conflict with this Act are
repealed.