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HB 252 - Driver's lic suspension; refusal of chemical test; guilty plea

Campbell, Jr, Thomas R (42nd)

Status Summary	HC:	MotV	SC:		FR:	01/27/99	LA:	01/28/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to suspension of drivers' licenses for refusal to submit to chemical tests, so as to provide for termination of such suspension under certain conditions; and for other purposes.

HB 252                                             LC 19 3990 
 
 
 
 
 
 
                        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 suspension of drivers' 
  1- 3  licenses for refusal to submit to chemical tests, so as to 
  1- 4  provide for termination of such suspension under certain 
  1- 5  conditions; to repeal conflicting laws; and for other 
  1- 6  purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Code Section 40-5-67.1 of the Official Code of Georgia 
  1-10  Annotated, relating to suspension of drivers' licenses for 
  1-11  refusal to submit to chemical tests, is amended by striking 
  1-12  in its entirety paragraph (4) of subsection (g) of said Code 
  1-13  section and inserting in lieu thereof a new paragraph (4) to 
  1-14  read as follows: 
 
  1-15      "(4) In the event the person is acquitted of or pleads 
  1-16      guilty to a violation of Code Section 40-6-391 or such 
  1-17      charge is initially disposed of other than by a 
  1-18      conviction or plea of nolo contendere, then the 
  1-19      suspension shall be terminated and deleted from the 
  1-20      driver's license record.  An accepted plea of nolo 
  1-21      contendere shall be entered on the driver's license 
  1-22      record and shall be considered and counted as a 
  1-23      conviction for purposes of any future violations of Code 
  1-24      Section 40-6-391.  In the event of an acquittal or other 
  1-25      disposition other than by a conviction or plea of nolo 
  1-26      contendere, the driver's license restoration fee shall 
  1-27      be promptly returned by the Department of Public Safety 
  1-28      to the licensee." 
 
  1-29                           SECTION 2. 
 
  1-30  All laws and parts of laws in conflict with this Act are 
  1-31  repealed. 
 
 
 
 
 
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