HB 74 - Fleeing or attempting to elude police officer; penalty

Georgia House of Representatives - 1995/1996 Sessions

HB 74 - Fleeing or attempting to elude police officer; penalty

Page Numbers - 1/ 2/ 3
Code Sections - 40-6-395
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House Comm: SJudy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/9/95 Read 1st Time 1/10/95 Read 2nd Time ---------------------------------------- Rules Suspended to Introduce Code Sections amended: 40-6-395
HB 74 LC 10 0921 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 15 of Chapter 6 of Title 40 of the Official 1- 2 Code of Georgia Annotated, relating to serious traffic 1- 3 offenses, so as to provide that fleeing or attempting to 1- 4 elude a pursuing police vehicle or police officer under 1- 5 certain conditions shall constitute a felony; to change the 1- 6 penalty provisions relating to the offense of fleeing or 1- 7 attempting to elude a police officer; to repeal conflicting 1- 8 laws; and for other purposes. 1- 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-10 Article 15 of Chapter 6 of Title 40 of the Official Code of 1-11 Georgia Annotated, relating to serious traffic offenses, is 1-12 amended by striking in its entirety Code Section 40-6-395, 1-13 relating to the offense of fleeing or attempting to elude a 1-14 police officer, and inserting in lieu thereof a new Code 1-15 Section 40-6-395 to read as follows: 1-16 "40-6-395. (Index) 1-17 (a) It shall be unlawful for any driver of a vehicle 1-18 willfully to fail or refuse to bring his or her vehicle to 1-19 a stop or otherwise to flee or attempt to elude a pursuing 1-20 police vehicle or police officer when given a visual or an 1-21 audible signal to bring the vehicle to a stop. The signal 1-22 given by the police officer may be by hand, voice, 1-23 emergency light, or siren. The officer giving such signal 1-24 shall be in uniform prominently displaying his or her 1-25 badge of office, and his or her vehicle shall be 1-26 appropriately marked showing it to be an official police 1-27 vehicle. 1-28 (b)(1) Except as otherwise provided in paragraph (5) of 1-29 this subsection, any Any person violating the provisions 1-30 of subsection (a) of this Code section shall be guilty 1-31 of a high and aggravated misdemeanor and: -1- (Index) LC 10 0921 2- 1 (A) Upon conviction shall be fined not less than 2- 2 $300.00 nor more than $5,000.00, which fine shall not 2- 3 be subject to suspension, stay, or probation or 2- 4 imprisoned for up to 12 months, or both; 2- 5 (B) Upon the second conviction within a five-year 2- 6 period of time, as measured from the dates of previous 2- 7 arrests for which convictions were obtained to the 2- 8 date of the current arrest for which a conviction is 2- 9 obtained, shall be fined not less than $600.00 nor 2-10 more than $5,000.00, which fine shall not be subject 2-11 to suspension, stay, or probation or imprisoned for up 2-12 to 12 months, or both; and for purposes of this 2-13 paragraph, previous pleas of nolo contendere accepted 2-14 within such five-year period shall constitute 2-15 convictions; and 2-16 (C) Upon the third or subsequent conviction within a 2-17 five-year period of time, as measured from the dates 2-18 of previous arrests for which convictions were 2-19 obtained to the date of the current arrest for which a 2-20 conviction is obtained, shall be fined not less than 2-21 $1,000.00 nor more than $5,000.00, which fine shall 2-22 not be subject to suspension, stay, or probation or 2-23 imprisoned for up to 12 months, or both; and for 2-24 purposes of this paragraph, previous pleas of nolo 2-25 contendere accepted within such five-year period shall 2-26 constitute convictions. 2-27 (2) For the purpose of imposing a sentence under this 2-28 subsection, a plea of nolo contendere shall constitute a 2-29 conviction. 2-30 (3) If the payment of the fine required under paragraph 2-31 (1) of this subsection will impose an economic hardship 2-32 on the defendant, the judge, at his or her sole 2-33 discretion, may order the defendant to pay such fine in 2-34 installments and such order may be enforced through a 2-35 contempt proceeding or a revocation of any probation 2-36 otherwise authorized by this subsection. 2-37 (4) Notwithstanding the limits set forth in any 2-38 municipal charter, any municipal court of any 2-39 municipality shall be authorized to impose the 2-40 punishments provided for in this subsection upon a 2-41 conviction of violating this subsection or upon 2-42 conviction of violating any ordinance adopting the 2-43 provisions of this subsection. -2- (Index) LC 10 0921 3- 1 (5) Any person violating the provisions of subsection 3- 2 (a) of this Code section and who, while fleeing or 3- 3 attempting to elude a pursuing police vehicle or police 3- 4 officer, operates his or her vehicle in excess of 30 ten 3- 5 miles an hour above the posted speed limit, or leaves 3- 6 the state, or causes any bodily injury to any person 3- 7 shall be guilty of a misdemeanor of a high and 3- 8 aggravated nature felony and shall be imprisoned for not 3- 9 less than one nor more than five years. 3-10 (c) It shall be unlawful for a person: 3-11 (1) To impersonate a sheriff, deputy sheriff, state 3-12 trooper, agent of the Georgia Bureau of Investigation, 3-13 agent of the Federal Bureau of Investigation, police 3-14 officer, or any other authorized law enforcement officer 3-15 by using a motor vehicle or motorcycle designed, 3-16 equipped, or marked so as to resemble a motor vehicle or 3-17 motorcycle belonging to any federal, state, or local law 3-18 enforcement agency; or 3-19 (2) Otherwise to impersonate any such law enforcement 3-20 officer in order to direct, stop, or otherwise control 3-21 traffic." SECTION 2. 3-22 All laws and parts of laws in conflict with this Act are 3-23 repealed. -3- (Index)

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