06 HB
1275/AP
House
Bill 1275 (AS PASSED HOUSE AND SENATE)
By:
Representatives Smith of the
129th,
Floyd of the
147th,
Rynders of the
152nd,
Graves of the
12th,
and Channell of the
116th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia
Annotated, relating to theft, so as to provide for the revocation of a
commercial
driveŕs
license upon violation of Code Sections 16-8-2 through 16-8-9; to amend Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to
driveŕs
licenses, so as to provide for the acquisition and admission of evidence
regarding driving under the influence under certain circumstances; to disqualify
certain commercial
driveŕs
license holders upon conviction of certain offenses; 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
1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating
to theft, is amended by striking paragraph (8) of subsection (a) of Code Section
16-8-12, relating to penalties for violation of Code Sections 16-8-2 through
16-8-9, and inserting in its place a new paragraph (8) to read as
follows:
"(8)
If the property that was the subject of the theft was a vehicle engaged in
commercial transportation of cargo or any appurtenance thereto, including
without limitation any such trailer, semitrailer, container, or other associated
equipment, or the cargo being transported therein or thereon, by imprisonment
for not less than three years nor more than ten years, a fine not less than
$5,000.00 nor more than $50,000.00,
and, if
applicable, the revocation of the
defendant́s
commercial
driveŕs
license in accordance with Code Section
40-5-151, or
both such
fine and imprisonment
any
combination of such penalties. For
purposes of this paragraph, the term 'vehicle' includes without limitation any
railcar."
SECTION
2.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to
driveŕs
licenses, is amended by inserting a new subsection (d.1) in Code Section
40-5-67.1, relating to chemical tests, to read as follows:
"(d.1)
Nothing in this Code section shall be deemed to preclude the acquisition or
admission of evidence of a violation of Code Section 40-6-391 if obtained by
voluntary consent or a search warrant as authorized by the Constitution or laws
of this state or the United
States."
SECTION
3.
Said
chapter is further amended by striking subsection (a) of Code Section 40-5-151,
relating to disqualification from driving, and inserting in lieu thereof the
following:
"(a)
Any person is disqualified from driving a commercial motor vehicle for a period
of not less than one year:
(1)
If convicted of a first violation of:
(A)
Any offense specified in Code Section 40-5-54 that occurs while the person is
driving or being in actual physical control of a moving commercial motor vehicle
or a moving noncommercial vehicle;
(B)
Driving or being in actual physical control of a moving commercial motor vehicle
while there is 0.04 percent or more by weight of alcohol in his or her blood,
breath, or urine;
or
(C)
Driving or being in actual physical control of a moving noncommercial vehicle in
violation of Code Section 40-6-391; or
(D)
Code Sections 16-8-2 through 16-8-9, if the property that was the subject of the
theft was a vehicle engaged in commercial transportation as set forth in
paragraph (8) of subsection (a) of Code Section 16-8-12; or
(2)
For refusal to submit to a test as prescribed in Code Section 40-5-55 to
determine the
driveŕs
alcohol concentration while driving a commercial motor vehicle or a
noncommercial motor
vehicle."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.