08 LC 37 0692S
(SCS)
Senate
Bill 547
By:
Senator Chance of the 16th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia
Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to expand
the Brain and Spinal Injury Trust Fund provisions under the Constitution of
Georgia to authorize additional penalty assessments for additional violations;
to provide for effective date and applicability; to provide for related matters,
to repeal conflicting laws, and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating
to the Brain and Spinal Injury Trust Fund, is amended by revising 15-21-140,
relating to authorization of additional penalty assessments for violations
involving driving under the influence, as follows:
"15-21-140.
This
article is enacted pursuant to Article III, Section IX, Paragraph VI(k) of the
Constitution, which provision authorizes additional penalty assessments for
violations relating to driving under the influence of alcohol or
drugs;
operating any type of boat, vessel, or other watercraft under the influence of
alcohol or drugs; reckless driving; operating a motorcycle without protective
headgear; or illegally parking in a space reserved for persons with
disabilities, and provides that the
proceeds derived therefrom may be used for the purpose of meeting the costs of
care and rehabilitative services for certain citizens of this state with brain
or spinal cord injuries."
SECTION
2.
Said
article is further amended by revising Code Section 15-21-149, relating to fines
and penalties, by adding a new subsection as follows:
"(a.1)
In every case in which any court in this state shall impose a fine, which shall
be construed to include costs, for any violation of the following Code sections,
there shall be imposed an additional penalty a sum equal to 10 percent of the
original fine:
(1)
Violations related to operating a vessel under the influence of alcohol or drugs
under Code Section 52-7-12;
(2)
Violations related to reckless driving under Code Section 40-6-390;
(3)
Violations related to headgear devices for riders of motorcycles under Code
Section 40-6-315; and
(4)
Violations relating to parking places reserved for persons with disabilities
under Code Section 40-6-226."
SECTION
3.
This
Act shall become effective on January 1, 2009, only if an amendment to the
Constitution authorizing the General Assembly to provide for additional
penalties or fees for offenses related to operating any type of boat or other
watercraft under the influence of alcohol or drugs, reckless driving, operating
a motorcycle without protective headgear, or illegally parking in a space
reserved for handicapped persons and to provide for the allocation of such
additional penalties or fees to the Brain and Spinal Injury Trust Fund is
ratified by the voters at the November, 2008, general election. If such an
amendment is not so ratified, this Act shall not become effective and shall
stand repealed on January 1, 2009.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.