HB 1378 - Motor vehicle; implied consent; legal sufficiency of notice

First Reader Summary

A BILL to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, so as to provide for legal sufficiency of implied consent notices for certain purposes in certain cases; and for other purposes.

Ehrhart, Earl (36th) Campbell, Jr, Thomas R (42nd) Wiles, John J (34th)
Richardson, James G (26th)
Status Summary HC: MotV SC: Judy LA: 03/27/98 Signed by Governor
Page Numbers - 1/ 2/ 3/ 4/ 5
House Action Senate
1/27/98 Read 1st Time 3/6/98
1/28/98 Read 2nd Time 3/12/98
3/3/98 Favorably Reported 3/12/98
Sub Committee Amend/Sub
3/6/98 Read 3rd Time 3/13/98
3/6/98 Passed/Adopted 3/13/98
CSFA Comm/Floor Amend/Sub FA
3/19/98 Amend/Sub Disagreed To
Recedes 3/19/98
3/25/98 Sent to Governor
3/27/98 Signed by Governor
573 Act/Veto Number
3/27/98 Effective Date

HB 1378                                          HB 1378/CSFA 
 
      H. B. No. 1378 (COMMITTEE SUBSTITUTE) (AM) 
      By:  Representatives Ehrhart of the 36th, Campbell of the 
      42nd, Wiles of the 34th and Richardson of the 26th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 40-5-67.1 of the Official Code of 
  1- 2  Georgia Annotated, relating to chemical tests, implied 
  1- 3  consent notices, rights of motorists, test results, refusal 
  1- 4  to submit, suspension or denial, hearing and review, 
  1- 5  compensation of officers, and inspection and certification 
  1- 6  of breath-testing instruments, so as to provide for legal 
  1- 7  sufficiency of implied consent notices for certain purposes 
  1- 8  in certain cases; to change the provisions relating to which 
  1- 9  test or tests a law enforcement officer may designate and 
  1-10  have administered to certain persons suspected of violating 
  1-11  Code Section 40-6-391 or similar federal laws or local 
  1-12  ordinances; to change certain provisions relating to implied 
  1-13  consent notices; to repeal certain provisions relating to 
  1-14  the applicability of certain statutes; to provide for 
  1-15  legislative intent; to provide an effective date; to repeal 
  1-16  conflicting laws; and for other purposes. 
 
  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-18                           SECTION 1. 
 
  1-19  The General Assembly finds and declares that persons driving 
  1-20  motor vehicles on public roads while under the influence of 
  1-21  alcohol or drugs or while having an unlawful alcohol 
  1-22  concentration has been and remains a serious and deadly 
  1-23  problem in this state and requires the diligent and utmost 
  1-24  efforts of law enforcement officials to apprehend and 
  1-25  prosecute persons committing such violations. The General 
  1-26  Assembly further finds that a law enforcement officer should 
  1-27  be allowed to initially require a combination of tests and 
  1-28  should subsequently be allowed to require additional tests 
  1-29  of any substance not initially tested. The General Assembly 
  1-30  further finds and declares that while suspects in such cases 
  1-31  should be informed of their rights regarding the 
  1-32  administration of chemical testing, no such suspect is 
  1-33  entitled to a notice which tracks the exact language of the 
  1-34  implied consent statute, so long as the substance of the 
  1-35  notice remains unchanged. 
 
 
 
                                 -1- 
 
 
 
  2- 1                           SECTION 2. 
 
  2- 2  Code Section 40-5-67.1 of the Official Code of Georgia 
  2- 3  Annotated, relating to chemical tests, implied consent 
  2- 4  notices, rights of motorists, test results, refusal to 
  2- 5  submit, suspension or denial, hearing and review, 
  2- 6  compensation of officers, and inspection and certification 
  2- 7  of breath-testing instruments, is amended by striking 
  2- 8  subsections (a), (b), and (b.1) and inserting in lieu 
  2- 9  thereof the following: 
 
  2-10    "(a) The test or tests required under Code Section 40-5-55 
  2-11    shall be administered as soon as possible at the request 
  2-12    of a law enforcement officer having reasonable grounds to 
  2-13    believe that the person has been driving or was in actual 
  2-14    physical control of a moving motor vehicle upon the 
  2-15    highways or elsewhere throughout this state in violation 
  2-16    of Code Section 40-6-391 and the officer has arrested such 
  2-17    person for a violation of Code Section 40-6-391, any 
  2-18    federal law in conformity with Code Section 40-6-391, or 
  2-19    any local ordinance which adopts Code Section 40-6-391 by 
  2-20    reference or the person has been involved in a traffic 
  2-21    accident resulting in serious injuries or fatalities. 
  2-22    Subject to Code Section 40-6-392, the requesting law 
  2-23    enforcement officer shall designate which test or tests 
  2-24    shall be administered, provided that the officer shall 
  2-25    require a breath, blood, test or a blood test and may 
  2-26    require a urine, or blood and urine test initially and may 
  2-27    subsequently require a test or tests of any substances not 
  2-28    initially tested. 
 
  2-29    (b) At the time a chemical test or tests are requested, 
  2-30    the arresting officer shall select and read to the person 
  2-31    the appropriate implied consent warning notice from the 
  2-32    following: 
 
  2-33      (1) Implied consent notice for suspects under age 21: 
 
  2-34        'Georgia law requires you to submit to state 
  2-35        administered chemical tests of your blood, breath, 
  2-36        urine, or other bodily substances for the purpose of 
  2-37        determining if you are under the influence of alcohol 
  2-38        or drugs.  If you refuse this testing, your Georgia 
  2-39        driver's license or privilege to drive on the highways 
  2-40        of this state will be suspended for a minimum period 
  2-41        of one year. Your refusal to submit to the required 
  2-42        testing may be offered into evidence against you at 
  2-43        trial. If you submit to testing and the results 
 
 
 
                                 -2- 
 
 
 
  3- 1        indicate an alcohol concentration of 0.02 grams or 
  3- 2        more, your Georgia driver's license or privilege to 
  3- 3        drive on the highways of this state will be suspended 
  3- 4        and, if you are convicted of having such an alcohol 
  3- 5        concentration, will be revoked.  After first 
  3- 6        submitting to the required state tests, you are 
  3- 7        entitled to additional chemical tests of your blood, 
  3- 8        breath, urine, or other bodily substances at your own 
  3- 9        expense and from qualified personnel of your own 
  3-10        choosing.  Will you submit to the state administered 
  3-11        chemical tests of your (designate which tests) under 
  3-12        the implied consent law?' 
 
  3-13      (2) Implied consent notice for suspects age 21 or over: 
 
  3-14        'Georgia law requires you to submit to state 
  3-15        administered chemical tests of your blood, breath, 
  3-16        urine, or other bodily substances for the purpose of 
  3-17        determining if you are under the influence of alcohol 
  3-18        or drugs.  If you refuse this testing, your Georgia 
  3-19        driver's license or privilege to drive on the highways 
  3-20        of this state will be suspended for a minimum period 
  3-21        of one year. Your refusal to submit to the required 
  3-22        testing may be offered into evidence against you at 
  3-23        trial. If you submit to testing and the results 
  3-24        indicate an alcohol concentration of 0.10 grams or 
  3-25        more, your Georgia driver's license or privilege to 
  3-26        drive on the highways of this state may be suspended 
  3-27        for a minimum period of one year.  After first 
  3-28        submitting to the required state tests, you are 
  3-29        entitled to additional chemical tests of your blood, 
  3-30        breath, urine, or other bodily substances at your own 
  3-31        expense and from qualified personnel of your own 
  3-32        choosing.  Will you submit to the state administered 
  3-33        chemical tests of your (designate which tests) under 
  3-34        the implied consent law?' 
 
  3-35      (3) Implied consent notice for commercial motor vehicle 
  3-36      driver suspects: 
 
  3-37        'Georgia law requires you to submit to state 
  3-38        administered chemical tests of your blood, breath, 
  3-39        urine, or other bodily substances for the purpose of 
  3-40        determining if you are under the influence of alcohol 
  3-41        or drugs.  If you refuse this testing, you will be 
  3-42        disqualified from operating a commercial motor vehicle 
  3-43        for a minimum period of one year.  Your refusal to 
  3-44        submit to the required testing may be offered into 
 
 
                                 -3- 
 
 
 
  4- 1        evidence against you at trial.  If you submit to 
  4- 2        testing and the results indicate the presence of any 
  4- 3        alcohol, you will be issued an out-of-service order 
  4- 4        and will be prohibited from operating a motor vehicle 
  4- 5        for 24 hours.  If the results indicate an alcohol 
  4- 6        concentration of 0.04 grams or more, you will be 
  4- 7        disqualified from operating a commercial motor vehicle 
  4- 8        for a minimum period of one year.  After first 
  4- 9        submitting to the required state tests, you are 
  4-10        entitled to additional chemical tests of your blood, 
  4-11        breath, urine, or other bodily substances at your own 
  4-12        expense and from qualified personnel of your own 
  4-13        choosing.  Will you submit to the state administered 
  4-14        chemical tests of your (designate which tests) under 
  4-15        the implied consent law?' 
 
  4-16    If any such notice is used by a law enforcement officer to 
  4-17    advise a person of his or her rights regarding the 
  4-18    administration of chemical testing, such person shall be 
  4-19    deemed to have been properly advised of his or her rights 
  4-20    under this Code section and under Code Section 40-6-392 
  4-21    and the results of any chemical test, or the refusal to 
  4-22    submit to a test, shall be admitted into evidence against 
  4-23    such person.  Such notice shall be read in its entirety 
  4-24    but need not be read exactly so long as the substance of 
  4-25    the notice remains unchanged.  
 
  4-26    (b.1) Subsection (b) of this Code section shall apply to 
  4-27    any case wherein the request for chemical testing is made 
  4-28    regarding an offense committed on or after July 1, 1997. 
  4-29    Subsection (b) of this Code section shall not apply to any 
  4-30    case wherein the request for chemical testing was made 
  4-31    regarding an offense committed prior to July 1, 1997, in 
  4-32    which case those provisions of former Code Sections 
  4-33    40-5-67.1 and 40-6-392 governing the content of the notice 
  4-34    required to be given by the officer to the person 
  4-35    regarding administration of chemical testing and governing 
  4-36    the admissibility of evidence of results of chemical 
  4-37    testing or refusal to submit to chemical testing which 
  4-38    were in effect at the time the offense was committed shall 
  4-39    apply." 
 
  4-40                           SECTION 3. 
 
  4-41  This Act shall become effective upon its approval by the 
  4-42  Governor or upon its becoming law without such approval. 
 
 
 
 
                                 -4- 
 
 
 
  5- 1                           SECTION 4. 
 
  5- 2  All laws and parts of laws in conflict with this Act are 
  5- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -5- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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