05 LC 14
8967
House
Bill 933
By:
Representatives Bordeaux of the
162nd
and Loudermilk of the
14th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to change the penalties for a third violation of the
crime of driving under the influence within ten years; to provide for an
effective date and applicability; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended in Code Section 40-6-391, relating to driving under the
influence of alcohol, drugs, or other intoxicating substances, penalties,
publication of notice of conviction for persons convicted for second time, and
endangering a child, by striking the introductory paragraph and paragraph (3) of
subsection (c) of said Code section and inserting in their places the
following:
"(c)
Every person convicted of violating this Code section shall, upon a first or
second conviction thereof, be guilty of a misdemeanor and, upon a third or
subsequent conviction thereof, be guilty of a
high and
aggravated misdemeanor
felony
and shall be punished as
follows:"
"(3)
For the third or subsequent conviction within a
five-year
ten-year
period of time, as measured from the dates of previous arrests for which
convictions were obtained or pleas of nolo contendere were accepted to the date
of the current arrest for which a conviction is obtained or a plea of nolo
contendere is accepted:
(A)
A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall
not, except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A mandatory period of imprisonment of not less than
120 days
nor more than 12 months
one year nor
more than five years. The judge shall
probate at least a portion of such term of imprisonment, in accordance with
subparagraph (F) of this paragraph, thereby subjecting the offender to the
provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and
conditions as the judge may impose; provided, however, that the offender shall
be required to serve not less than 15 days of actual incarceration;
(C)
Not less than 30 days of community service;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Human Resources. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the
program;
(E)
Undergoing a clinical evaluation as defined in Code Section 40-5-1 and, if
indicated by such evaluation, completion of a substance abuse treatment program
as defined in Code Section 40-5-1; and
(F)
A period of probation of 12 months less any days during which the defendant is
actually
incarcerated."
SECTION
2.
This
Act shall become effective July 1, 2005, and shall apply where a third or
subsequent offense is committed on or after that date notwithstanding the fact
that one or more of the prior offenses was committed prior to that
date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.