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03 LC 31 0290
House Bill
449
By: Representatives Powell of the 23rd and Parham of the 94th
By: Representatives Powell of the 23rd 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 provide for revocation of a limited driving permit upon notice that an
ignition interlock device has been tampered with; to provide for notice thereof;
to amend Code Section 42-8-112 of the Official Code of Georgia Annotated,
relating to proof of compliance required for reinstatement of certain
drivers´
licenses and for obtaining probationary licenses and reporting requirements, so
as to change certain provisions relating to reporting requirements for provider
centers for ignition interlock devices; to provide for related matters; 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
in paragraph (1) of subsection (g) by inserting a new subparagraph (C) to read
as
follows:
"(C) Upon receipt of notice from a provider center for ignition interlock devices that an ignition interlock device which a permittee is required to use has been tampered with or the permittee has failed to report for monitoring of such device as required by law, the department shall revoke such permittee´s limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing."
"(C) Upon receipt of notice from a provider center for ignition interlock devices that an ignition interlock device which a permittee is required to use has been tampered with or the permittee has failed to report for monitoring of such device as required by law, the department shall revoke such permittee´s limited driving permit and, by regular mail to his or her last known address, notify such person of such revocation. Such notice of revocation shall inform the person of the grounds for and effective date of the revocation and of the right to review. The notice of revocation shall be deemed received three days after mailing."
SECTION 2.
Code Section 42-8-112 of the Official Code of Georgia
Annotated, relating to proof of compliance required for reinstatement of certain
drivers' licenses and for obtaining probationary licenses and reporting
requirements, is amended by striking subsection (c) and inserting in its place
the
following:
"(c) Each resident of this state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every30 60 days for the purpose of monitoring the operation
of each required ignition interlock device. If at any time it is determined that
a person has tampered with the device, the probation officer or the court
ordering use of such device or, in the case of a driver who is
not on probation, and the Department of
Motor Vehicle Safety shall be given written notice within five days. If an
ignition interlock device is found to be malfunctioning, it shall be replaced or
repaired, as ordered by the court or the Department of Motor Vehicle Safety, at
the expense of the
provider."
"(c) Each resident of this state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.