hb176.html

05 LC 34 0141

House Bill 176

By: Representatives Lunsford of the 110th and Bordeaux of the 162nd

A BILL TO BE ENTITLED
AN ACT

To amend Article 3 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to traffic violations bureaus, so as to change certain provisions relating to the disposition of traffic violations by traffic violations bureaus; to provide for a standing order by the court that no incarceration shall be imposed for certain violations; to provide for fines for certain traffic violations; to provide for notice to the defendant; to provide for probation and suspension of driverś licenses; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for suspension of driveŕs licenses; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 3 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to traffic violations bureaus, is amended by striking Code Section 40-13-60, relating to disposition of traffic violations and jurisdiction of bureau, and inserting in its place the following:

"40-13-60.

(a) Any traffic violation under the jurisdiction of the traffic violations bureau shall be characterized and classified as a traffic violation and shall not be considered as a misdemeanor but shall be subject to a fine not to exceed the misdemeanor fine which would otherwise apply.

(b) The court may enter a standing written order that incarceration shall not be imposed for certain traffic violations disposed of within the traffic violations bureau absent specific notice to the defendant that the court intends to consider imposing criminal penalties in the case. In the event such notice is given, the charge shall then be considered a misdemeanor, and the court may impose any penalty allowed by law for such misdemeanor. Upon giving such notice, the case shall be removed from the traffic violations bureau. When a standing order waiving incarceration is in effect, the defendant shall have no right to demand trial by jury or the right to appointed counsel. If the court gives notice to treat one or more traffic violation bureau offenses as a misdemeanor, the defendant shall be entitled to at least 30 days between the giving of such notice and the trial of the case. Such notice shall specifically notify the defendant of the right to counsel, the right to seek appointed counsel if indigent, and the right to trial by jury.

(c) For any traffic violation, the court may sentence the defendant to a 12 month period of probation per offense. Such probation may result in the suspension of the defendant́s driveŕs license or nonresident privilege to drive in the state upon violation but shall not result in incarceration. Such probation shall otherwise be subject to the procedural requirements of Chapter 8 of Title 42. If a person convicted of any offense fails to pay any fine imposed pursuant to this Code section, the court shall notify the department and the persońs driveŕs license shall be reinstated if the person submits proof of payment from the court and pays a restoration fee of $210.00 or $200.00 when such reinstatement is processed by mail for the return of his or her license.

(d) Whenever any traffic violation is transferred from another court to a court which has a traffic violations bureau, if such offense is classified as a traffic violation on the traffic violations bureau schedule of the receiving court, such violation shall be handled and disposed of by such traffic violations bureau.

(e) Where a defendant demands a trial on a traffic violation, it shall be tried before a judge of the court which established the traffic violations bureau. The request for a trial shall not result in a loss of jurisdiction by the traffic violations bureau."

SECTION 2.

Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, is amended by inserting a new Code Section 40-5-54.2 to read as follows:

"40-5-54.2.

The department shall suspend the license of any driver as required by Code Section 40-13-60."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.