09 LC
35 1142
Senate
Bill 2
By:
Senators Douglas of the 17th, Staton of the 18th, Jackson of the 24th and Murphy
of the 27th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating
to periods of suspension for drivers' licenses and conditions to return drivers'
licenses, so as to extend the period of suspension for certain serious offenders
committing a second offense before such offender is eligible for reinstatement;
to amend Code Section 40-6-391.2 of the Official Code of Georgia Annotated,
relating to the seizure and forfeiture of a motor vehicle operated by a habitual
violator, so as to authorize the seizure and forfeiture of a motor vehicle
operated by certain persons convicted of a third or subsequent offense of
fleeing or attempting to elude a police officer; to amend Code Section 40-6-395
of the Official Code of Georgia Annotated, relating to fleeing or attempting to
elude a police officer and impersonating a law enforcement officer, so as to
modify certain conditions when such offense shall be treated as a felony
offense; to provide for related matters; to provide for an effective date and
applicability; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods
of suspension for drivers' licenses and conditions to return drivers' licenses,
is amended by revising paragraph (2) of subsection (a) as follows:
"(2)
Upon the second conviction of any such offense 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, the period of
suspension shall be for three years. At the end of
120
days
six
months, the person may apply to the
department for reinstatement of said driver's license; except that if such
license was suspended as a result of a second conviction of a violation of Code
Section 40-6-391 within five years, the person shall not be eligible to apply
for license reinstatement until the end of 18 months. Such license shall be
reinstated if such person submits proof of completion of a DUI Alcohol or Drug
Use Risk Reduction Program and pays a restoration fee of $210.00 or $200.00 when
such reinstatement is processed by mail unless such conviction was a recidivist
conviction in which case the restoration fee shall be $510.00 or $500.00 when
processed by mail, provided that, if such license was suspended as a result of a
conviction of an offense listed in Code Section 40-5-54, such license shall be
reinstated if such person submits proof of completion of either a defensive
driving program approved by the department or a DUI Alcohol or Drug Use Risk
Reduction Program and pays the prescribed restoration fee. A driver's license
suspended as a result of a conviction of a violation of Code Section 40-6-391
shall not become valid and shall remain suspended until such person submits
proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays
the prescribed restoration fee. For purposes of this paragraph, a plea of nolo
contendere and all previous accepted pleas of nolo contendere to an offense
listed in Code Section 40-5-54 within such five-year period of time shall
constitute a conviction. For the purposes of this paragraph, a plea of nolo
contendere to a charge of violating Code Section 40-6-391 and all prior accepted
pleas of nolo contendere 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 plea of nolo
contendere is accepted, shall be considered and counted as convictions;
or"
SECTION
2.
Code
Section 40-6-391.2 of the Official Code of Georgia Annotated, relating to the
seizure and forfeiture of a motor vehicle operated by a habitual violator, is
amended by revising subsection (a) as follows:
"(a)(1)
Except as provided in this Code section, any motor vehicle operated by a person
who has been declared a habitual violator for three violations of Code Section
40-6-391 and whose license has been revoked and who is arrested and charged with
a violation of Code Section 40-6-391, is declared to be contraband and subject
to forfeiture to the state, as provided in this Code section, provided that said
forfeiture shall not be absolute unless the defendant is finally convicted of
such offense.
(2)
Except as otherwise provided in this Code section, any motor vehicle operated by
a person who commits a third or subsequent offense of fleeing or attempting to
elude a police officer in violation of Code Section 40-6-395 shall be declared
contraband and subject to forfeiture to the state as provided in this Code
section; provided that said forfeiture shall not be absolute unless the
defendant is finally convicted of such
offense."
SECTION
3.
Code
Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing
or attempting to elude a police officer and impersonating a law enforcement
officer, is amended by revising subparagraph (b)(5)(A) as follows:
"(5)(A)
Any person violating the provisions of subsection (a) of this Code section who,
while fleeing or attempting to elude a pursuing police vehicle or police officer
in an attempt to escape arrest for any offense other than a violation of this
chapter, operates his or her vehicle in excess of
30
ten
miles an hour above the posted speed limit, strikes or collides with another
vehicle or a pedestrian, flees in traffic conditions which place the general
public at risk of receiving serious injuries,
commits a
violation of Code Section 40-6-391 pertaining to driving under the influence of
alcohol, drugs, or other intoxicating
substances, or leaves the state shall be
guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not
less than one year nor more than five years or both."
SECTION
4.
This
Act shall become effective on July 1, 2009, and shall apply to offenses
committed on or after such date.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.