09 LC 29
3724S
The
Senate Judiciary Committee offered the following substitute to SB
2:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
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 40-6-395 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,
not expressly
provided for in this paragraph:
(i)
operates
Operates
his or her vehicle in excess of
30
20
miles an hour above the posted speed
limit,;
(ii)
strikes
Strikes
or collides with another vehicle or a
pedestrian,;
(iii)
flees
Flees
in traffic conditions which place the general public at risk of receiving
serious
injuries,;
(iv)
Commits a violation of Code Section
40-6-391; or
(v)
leaves
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
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to offenses committed on or
after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.