06
SB64/AP
Senate
Bill 64
By:
Senator Douglas of the 17th
AS PASSED
AS PASSED
AN
ACT
To
amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to
the requirement that officers enforcing traffic laws have a blue light on the
roof of their vehicles, so as to provide for an exception to the requirement
that designated officers enforcing traffic laws have a blue light on the roof of
their vehicles; to amend Code Section 40-6-16 of the Official Code of Georgia
Annotated, relating to the procedure for passing stationary authorized emergency
vehicles, stationary towing or recovery vehicles, or stationary highway
maintenance vehicles, so as to change certain provisions relating to penalties;
to amend Code Section 40-8-91 of the Official Code of Georgia Annotated,
relating to marking and equipment of law enforcement vehicles, so as to provide
motorists an opportunity to continue to drive until a reasonably safe location
for stopping is reached when being stopped by a law enforcement officer in a
marked vehicle; to provide for specific procedures therefor; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-1-7 of the Official Code of Georgia Annotated, relating to the
requirement that officers enforcing traffic laws have a blue light on the roof
of their vehicles, is amended by striking the Code section and inserting in lieu
thereof a new Code Section 40-1-7 to read as follows:
"40-1-7.
Whenever
pursuing a person in violation of a traffic related offense, a uniformed law
enforcement officer who is assigned routinely or primarily to traffic law
enforcement or other traffic safety duties on the roadways or highways of this
state must place a visible blue light on the roof of his or her vehicle if such
vehicle is not equipped with permanent exterior mounted roof blue lights;
provided, however, that the provisions of this Code section shall not apply to
law enforcement officers operating vehicles manufactured prior to 2001. This
Code section shall not apply to any officer assigned to special operations
activities or responding to an immediate threat to public safety as a result of
an accident or other emergency. This Code section shall not apply to vehicles
of the Georgia State Patrol or of a
sheriff́s
office or police department which office or police department provides law
enforcement services by certified peace officers 24 hours a day, seven days a
week where the vehicles are marked in accordance with Code Section 40-8-91, with
flashing or revolving colored lights visible under normal atmospheric conditions
for a distance of 500 feet from the front and rear of such vehicle, and which
also has an illuminating agency identifier reasonably visible to a driver of a
vehicle subject to a traffic stop; provided, however, that the Georgia State
Patrol shall not be permitted to have more than two vehicles per post without
such exterior mounted roof lights; and, provided, further that a
sheriff́s
office or police department shall not be permitted to have more than one vehicle
per agency without such exterior mounted roof lights. An otherwise lawful
arrest shall not be invalidated or in any manner affected by failure to comply
with this Code
section."
SECTION
2.
Code
Section 40-6-16 of the Official Code of Georgia Annotated, relating to the
procedure for passing stationary authorized emergency vehicles, stationary
towing or recovery vehicles, or stationary highway maintenance vehicles, is
amended by striking subsection (c) and inserting in lieu thereof the
following:
"(c)
Violation of subsection (a) or (b) of this Code section shall be punished by a
fine of not more than
$500.00."
SECTION
3.
Code
Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking
and equipment of law enforcement vehicles, is amended by adding immediately
following subsection (d) new subsections (e) and (f) to read as
follows:
"(e)
Whenever a motorist driving on the roadways of this state is directed to stop by
a law enforcement officer in a law enforcement vehicle marked as required under
this Code section, the motorist may continue to drive until a reasonably safe
location for stopping is reached. Such motorist shall indicate to the officer
his or her intent to proceed to a safe location by displaying the
vehiclés
flashing lights or turn signal. In proceeding to a safe location, the motorist
shall observe the posted maximum speed limit.
(f)
An otherwise lawful arrest shall not be invalidated or in any manner affected by
failure to comply with this Code
section."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.