09
SB196/AP
Senate
Bill 196
By:
Senators Jackson of the 24th, Douglas of the 17th, Goggans of the 7th, Thomas of
the 54th, Powell of the 23rd and
others
AS PASSED
AS PASSED
AN
ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to change certain provisions relating to driver's
license requirements; to change certain provisions relating to driving while
license is suspended or revoked; to revise penalties for causing serious injury
due to a right of way violation resulting in a collision with a motorcyclist,
pedestrian, bicyclist, or farmer hauling agricultural products; to provide a
penalty for a second offense; to provide for license suspension; to change
provisions relating to pedestrians walking on or along a roadway; to increase
the assessment fees for approved DUI Alcohol or Drug Use Reduction Programs; to
authorize local governments by ordinance or resolution to authorize the
operation of bicycles on sidewalks by certain persons within the jurisdiction of
such local governments; to provide for related matters; to provide for 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 and
traffic, is amended by revising subsection (a) of Code Section 40-5-20, relating
to driver's license requirement, as follows:
"(a)
No person, except those expressly exempted in this chapter, shall drive any
motor vehicle upon a highway in this state unless such person has a valid
driver's license under this chapter for the type or class of vehicle being
driven. Any person who is a resident of this state for 30 days shall obtain a
Georgia driver's license before operating a motor vehicle in this state. Any
violation of this subsection shall be punished as provided in Code Section
40-5-121, except the violation of driving with an expired license, or a
violation of Code Section 40-5-29 or if such person produces in court a valid
driver's license issued by this state to such person, he or she shall not be
guilty of such offenses. Any court having jurisdiction over traffic offenses in
this state shall report to the department the name and other identifying
information of any individual convicted of driving without a
license."
SECTION
2.
Said
title is further amended in Article 3 of Chapter 5, relating to cancellation,
suspension, and revocation of licenses, by adding a new Code section to read as
follows:
"40-5-57.3.
"40-5-57.3.
(a)
The driver's license of any person who is convicted for a second or subsequent
offense of violating Code Section 40-6-77 within a five-year period of time, 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, shall
be suspended for 30 days. The person shall submit his or her driver's license
to the court upon conviction and the court shall forward the driver's license to
the department.
(b)
After the suspension period and the person pays a restoration fee of $60.00 or,
when processed by mail, $50.00, the suspension shall terminate and the
department shall return the person's driver's license to such
person."
SECTION
3.
Said
title is further amended by revising subsection (a) of Code Section 40-5-121,
relating to driving while license suspended or revoked, as follows:
"(a)
Except when a license has been revoked under Code Section 40-5-58 as a habitual
violator, any person who drives a motor vehicle on any public highway of this
state without being licensed as required by subsection (a) of Code Section
40-5-20 or at a time when his or her privilege to so drive is suspended,
disqualified, or revoked shall be guilty of a misdemeanor for a first conviction
thereof and, upon a first conviction thereof or plea of nolo contendere within
five years, as measured from the dates of previous arrests for which convictions
were obtained to the date of the current arrest for which a conviction is
obtained or a plea of nolo contendere is accepted, shall be fingerprinted and
shall be punished by imprisonment for not less than two days nor more than 12
months, and there may be imposed in addition thereto a fine of not less than
$500.00 nor more than $1,000.00. Such fingerprints, taken upon conviction,
shall be forwarded to the Georgia Crime Information Center where an
identification number shall be assigned to the individual for the purpose of
tracking any future violations by the same offender. For the second and third
conviction 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, such person shall be guilty of a high and aggravated
misdemeanor and shall be punished by imprisonment for not less than ten days nor
more than 12 months, and there may be imposed in addition thereto a fine of not
less than $1,000.00 nor more than $2,500.00. For the fourth or subsequent
conviction 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, such person shall be guilty of a felony and shall be
punished by imprisonment for not less than one year nor more than five years,
and there may be imposed in addition thereto a fine of not less than $2,500.00
nor more than $5,000.00."
SECTION
4.
Said
title is further amended by revising Code Section 40-6-77, relating to penalties
for causing serious injury due to right of way violation resulting in a
collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling
agricultural products, as follows:
"40-6-77.
(a)
For purposes of this Code section, 'serious injury' shall include, but shall not
be limited to, causing bodily harm to another by depriving him or her of a
member of his or her body, by rendering a member of his or her body useless, by
seriously disfiguring his or her head or body or a member thereof, or by causing
organic brain damage which renders the body or any member thereof
useless.
(b)
Any person who causes a serious injury to another person as a result of a
collision with a motorcyclist, bicyclist, pedestrian, or farmer operating any
vehicle used to transport agricultural products, livestock, farm machinery, or
farm supplies by committing any right of way violation under this chapter when
such motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used
to transport agricultural products, livestock, farm machinery, or farm supplies
is abiding by the provisions of this title shall be guilty of a misdemeanor and
shall be punished:
(1)
For a first offense, by a fine of not less than $250.00 in addition to any other
penalties stipulated by law and the court shall report such conviction to the
Department of Driver Services; and
(2)
For a second or subsequent offense within a five-year period of time, 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, by a
fine of not less than $500.00 nor more than $1,000.00 and imprisonment for not
less than ten days nor more than 12 months. Any fine imposed under this
paragraph shall be mandatory and shall not be suspended or waived or conditioned
upon the completion of any course or sentence. The court imposing punishment
under this subsection shall forward a record of the disposition of the case to
the Department of Driver Services."
SECTION
5.
Said
title is further amended by revising Code Section 40-6-96, relating to
pedestrians walking on or along a roadway, as follows:
"40-6-96.
(a)
As used in this Code section, the term 'pedestrian' means any person afoot and
shall include, without limitation, persons standing, walking, jogging, running,
or otherwise on foot.
(b)
Where a sidewalk is provided, it shall be unlawful for any pedestrian to stand
or stride along and upon an adjacent roadway unless there is no motor vehicle
traveling within 1,000 feet of such pedestrian on such roadway or the available
sidewalk presents an imminent threat of bodily injury to such
pedestrian.
(c)
Where a sidewalk is not provided but a shoulder is available, any pedestrian
standing or striding along and upon a highway shall stand or stride only on the
shoulder, as far as practicable from the edge of the roadway.
(d)
Where neither a sidewalk nor a shoulder is available, any pedestrian standing or
striding along and upon a highway shall stand or stride as near as practicable
to an outside edge of the roadway, and, if on a two-lane roadway, shall stand or
stride only on the left side of the roadway.
(e)
Except as otherwise provided in this chapter, any pedestrian upon a roadway
shall yield the right of way to all vehicles upon the roadway.
(f)
No pedestrian shall enter or remain upon any bridge or approach thereto beyond
the bridge signal, gate, or barrier after a bridge operation signal indication
has been given.
(g)
No pedestrian shall pass through, around, over, or under any crossing gate or
barrier at a railroad grade crossing or bridge while such gate or barrier is
closed or is being opened or closed."
SECTION
6.
Said
title is further amended by revising subsection (e) of Code Section 40-5-83,
relating to establishment and approval of driver clinics and programs, as
follows:
"(e)
The department is designated as the agency responsible for establishing criteria
for the approval of DUI Alcohol or Drug Use Risk Reduction Programs. An
applicant shall meet the certification criteria promulgated by the department
through its standards and shall provide the following services: (1) the
assessment component and (2) the intervention component. The department is
designated as the agency responsible for establishing rules and regulations
concerning the contents and duration of the components of DUI Alcohol or Drug
Use Risk Reduction Programs, qualifications of instructors, attendance
requirements for students, examinations, and program evaluations. Qualified
instructors shall be certified for periods of four years each, which may be
renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a
fee of $82.00 for the assessment component and $190.00 for the intervention
component. An additional fee for required student program materials shall be
established by the department in such an amount as is reasonable and necessary
to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction
Program shall be approved unless such clinic agrees in writing to submit reports
as required in the rules and regulations of the department and to allow the
examination and audit of the books, records, and financial statements of such
DUI Alcohol or Drug Use Risk Reduction Program by the department or its
authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be
operated by any public, private, or governmental entity; provided, however,
that, except as otherwise provided in this subsection, in any political
subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is
operated by a private entity, whether for profit or nonprofit, neither the local
county board of health nor any other governmental entity shall fund any new
programs in that area. Programs currently in existence which are operated by
local county boards of health or any other governmental entities shall be
authorized to continue operation. New programs may be started in areas where no
private DUI Alcohol or Drug Use Risk Reduction Programs have been made available
to said community. The Department of Corrections is authorized to operate DUI
Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders
are not authorized to participate in such programs in the community, provided
that such programs meet the certification criteria promulgated by the Department
of Driver Services. All such programs operated by the Department of Corrections
shall be exempt from all fee provisions established in this subsection
specifically including the rebate of any fee for the costs of administration.
No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such
clinic agrees in writing to pay to the state, for the costs of administration, a
fee of $22.00, for each offender assessed or each offender attending for points
reduction, provided that nothing in this Code section shall be construed so as
to allow the department to retain any funds required by the Constitution of
Georgia to be paid into the state treasury; and provided, further, that the
department shall comply with all provisions of Part 1 of Article 4 of Chapter 12
of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending
any such miscellaneous funds."
SECTION
7.
Said
title is further amended by revising Code Section 40-6-144, relating to emerging
from alley, driveway, or building, as
follows:
"40-6-144.
"40-6-144.
The
driver of a vehicle emerging from an alley, building, private road, or driveway
within a business or residential district shall stop such vehicle immediately
prior to driving onto a sidewalk or onto the sidewalk area extending across such
alley, building entrance, road, or driveway or, in the event there is no
sidewalk area, shall stop at the point nearest the street to be entered where
the driver has a view of approaching traffic thereon. The driver of a vehicle
shall yield the right of way to any pedestrian on a sidewalk. Except as
provided by resolution or ordinance of a local government for sidewalks within
the jurisdiction of such local government authorizing the operation of bicycles
on sidewalks by persons 12 years of age or younger, no person shall drive any
vehicle upon a sidewalk or sidewalk area except upon a permanent or duly
authorized driveway."
SECTION
8.
This
Act shall become effective on July 1, 2009.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.