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SB 376 - Law Enforce.- prohibit using race as factor in stopping motorist
Butler, Gloria (55th) James, Donzella (35th) Brown, Robert (26th)
Status Summary SC: Judy HC: Judy FR: 01/27/00 LA: 03/22/00 H - Passed/Adopted (FA ) (CS )

First Reader Summary

A bill to be entitled an Act to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions relative to motor vehicles and traffic, so as to prohibit police officers from using race as a factor in their decision to stop a motorist; to repeal conflicting laws; and for other purposes.

Page Numbers: 1
Code Sections - 40-1-6

RECORDED VOTES
Vote # Date Yeas Nays Description
SV0827 3/03/00 049 001 PASSAGE AS AMENDED
HV2221 3/22/00 149 001 Pass
SV1232 3/22/00 026 021 AGREE TO HOUSE SUBSTITUTE AS A
SV1233 3/22/00 025 020 AGREE TO HOUSE SUBSTITUTE

Senate Action House
1/27/00 Read 1st time 3/6/00
2/29/00 Favorably Reported 3/14/00
Am Committee Amend/Sub Sub
3/1/00 Read 2nd Time 3/7/00
Committed 3/7/00
3/3/00 Read 3rd Time 3/22/00
3/3/00 Passed/Adopted 3/22/00
FA Comm/Floor Amend/Sub CS
Version by LC Number
LC 19 4470 As Introduced
LC 19 4763S H - Favorably Reported (FA ) (Sub )
SB376/FA/3 S - Passed/Adopted (FA)

SB 376                                            LC 19 4763S 
 
 
                The House Committee on Judiciary offers the 
      following substitute to SB 376: 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 1 of Title 40 of the Official Code of 
  1- 2  Georgia Annotated, relating to general provisions relative 
  1- 3  to motor vehicles and traffic, so as to prohibit police 
  1- 4  officers from using race for determining probable cause in 
  1- 5  their decision to stop a motorist; to repeal conflicting 
  1- 6  laws; and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Chapter 1 of Title 40 of the Official Code of Georgia 
  1-10  Annotated, relating to general provisions relative to motor 
  1-11  vehicles and traffic, is amended by inserting at the end 
  1-12  thereof a new Code Section 40-1-6 to read as follows: 
 
  1-13    "40-1-6. 
 
  1-14    A police officer may, upon reasonable belief that any 
  1-15    motor vehicle is being operated in violation of any 
  1-16    provision of statutory law, require the driver thereof to 
  1-17    stop the vehicle and exhibit the registration card issued 
  1-18    for the vehicle and the individual's driver's license. 
  1-19    The officer's belief of the violation must be based on 
  1-20    specific, articulable facts.  The officer may not use a 
  1-21    person's race or ethnicity to form probable cause or 
  1-22    reasonable suspicion of a violation but may use a person's 
  1-23    race or ethnicity to confirm a previously obtained 
  1-24    description of a suspect.  Nothing in this Code section 
  1-25    shall be construed to alter the requirements for 
  1-26    determining probable cause or reasonable suspicion under 
  1-27    the United States and Georgia Constitutions." 
 
  1-28                           SECTION 2. 
 
  1-29  All laws and parts of laws in conflict with this Act are 
  1-30  repealed. 
 
 
 
 
 
 
                                 -1- 

Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00