05 LC 9 1633
Senate
Bill 205
By: Senators Cagle of the 49th, Pearson of the 51st, Harbison of the 15th and Hill of the 32nd
By: Senators Cagle of the 49th, Pearson of the 51st, Harbison of the 15th and Hill of the 32nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia
Annotated, relating to prohibited acts relative to alcoholic beverages, so as to
make it unlawful for a person under 21 years of age to consume an alcoholic
beverage; to provide for the suspension of the driver´s license of a person
under 21 years of age convicted of consuming an alcoholic beverage; to provide
for the suspension of drivers´ licenses for certain conduct relating to
furnishing or acting as an agent to purchase alcoholic beverages for a person
under 21 years of age; to amend Article 3 of Chapter 5 of Title 40 of the
Official Code of Georgia Annotated, relating to the cancellation, suspension,
and revocation of drivers´ licenses, so as to provide for the
administrative suspension of the drivers´ licenses of persons under 21
years of age charged with consuming an alcoholic beverage; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to
prohibited acts relative to alcoholic beverages, is amended by striking
subsections (a), (b), and (c) of Code Section 3_3_23, relating to prohibited
acts relative to alcoholic beverages and persons under 21 years of age, and
inserting in lieu thereof the following:
"(a)
Except as otherwise authorized by law:
(1)
No person knowingly, directly or through another person, shall furnish, cause to
be furnished, or permit any person in such person´s employ to furnish any
alcoholic beverage to any person under 21 years of age;
(2)
No person under 21 years of age shall purchase, attempt to purchase, or
knowingly possess any alcoholic beverage;
(2.1)
No person under 21 years of age shall knowingly consume any alcoholic
beverage;
(3)
No person under 21 years of age shall misrepresent such person´s age in any
manner whatever for the purpose of obtaining illegally any alcoholic
beverage;
(4)
No person knowingly or intentionally shall act as an agent to purchase or
acquire any alcoholic beverage for or on behalf of a person under 21 years of
age; or
(5)
No person under 21 years of age shall misrepresent his or her identity or use
any false identification for the purpose of purchasing or obtaining any
alcoholic beverage.
(b)
The prohibitions contained in paragraphs (1), (2),
(2.1),
and (4) of subsection (a) of this Code section shall not apply with respect to
the sale, purchase, or possession of alcoholic beverages for
consumption:
(1)
For medical purposes pursuant to a prescription of a physician duly authorized
to practice medicine in this state; or
(2)
At a religious ceremony.
(c)
The prohibitions contained in paragraphs (1), (2),
(2.1),
and (4) of subsection (a) of this Code section shall not apply with respect to
the possession of alcoholic beverages for consumption by a person under 21 years
of age when the parent or guardian of the person under 21 years of age gives the
alcoholic beverage to the person and when possession is in the home of the
parent or guardian and such parent or guardian is
present."
SECTION
2.
Said
article is further amended by striking Code Section 3_3_23.1, relating to the
procedure and penalties upon violation of Code Section 3_3_23, and inserting in
lieu thereof the following:
"3_3_23.1.
(a)
It is unlawful for any person knowingly to violate any prohibition contained in
Code Section 3_3_23, relating to furnishing alcoholic beverages to, and
purchasing, attempting to purchase,
consuming,
and possession of alcoholic beverages by, a person under 21 years of
age.
(a.1)
An alcohol concentration of 0.02 grams or more in the body of a person under 21
years of age as detected by a chemical test to determine blood alcohol content
shall constitute a violation of paragraph (2.1) of subsection (a) of Code
Section 3_3_23.
(b)(1)
Any person convicted of violating any prohibition contained in subsection (a) of
Code Section 3_3_23 shall, upon the first conviction, be guilty of a
misdemeanor, except that any person convicted of violating paragraph (2) of
subsection (a) of Code Section 3_3_23 shall, upon the first conviction, be
guilty of a misdemeanor and shall be punished by not more than six months´
imprisonment or a fine of not more than $300.00, or both and except that any
person convicted of violating paragraph (4) of subsection (a) of Code Section
3_3_23 shall, upon the first conviction, be guilty of a misdemeanor of a high
and aggravated nature.
(2)
Any person convicted of violating any prohibition contained in subsection (a) of
Code Section 3_3_23 shall, upon the second or subsequent conviction, be guilty
of a misdemeanor of a high and aggravated nature, except that any person
convicted of violating paragraph (2) of subsection (a) of Code Section 3_3_23
shall, upon the second or subsequent conviction, be guilty of a
misdemeanor.
(3)
In addition to any other penalty provided for in paragraphs (1) and (2) of this
subsection, the driver´s license of any person convicted of
attempting
to purchase an alcoholic beverage in violation
of
violating
paragraph (2),
(2.1), or (4) of subsection (a) of Code
Section 3_3_23 upon the first conviction shall be suspended for six months and
upon the second or subsequent conviction shall be suspended for one
year.
(4)
In addition to any other penalty provided for in paragraphs (1) and (2) of this
subsection, the driver´s license of any person charged with consuming an
alcoholic beverage in violation of paragraph (2.1) of subsection (a) of Code
Section 3_3_23 shall be seized by the law enforcement officer pursuant to the
provisions of Code Section 40_5_67 and may be administratively suspended
pursuant to the provisions of Code Sections 40_5_67.1 and
40_5_67.2.
(c)
Whenever any person who has not been previously convicted of any offense under
this Code section or under any other law of the United States or this or any
other state relating to alcoholic beverages pleads guilty to or is found guilty
of a violation of paragraph
(2),
(2.1), or (3) of subsection (a) of Code
Section 3_3_23, the court, without entering a judgment of guilt and with the
consent of such person, may defer further proceedings and place such person on
probation upon such reasonable terms and conditions as the court may require.
The terms of probation shall preferably be such as require the person to undergo
a comprehensive rehabilitation program (including, if necessary, medical
treatment), not to exceed three years, designed to acquaint such person with the
ill effects of alcohol abuse and with knowledge of the gains and benefits which
can be achieved by being a good member of society. Upon violation of a term or
condition of probation, the court may enter an adjudication of guilt and proceed
accordingly. Upon fulfillment of the terms and conditions of probation, the
court shall discharge such person and dismiss the proceedings against him or
her. Discharge and dismissal under this subsection shall be without court
adjudication of guilt and shall not be deemed a conviction for purposes of this
subsection or for purposes of disqualifications or disabilities imposed by law
upon conviction of a crime. Discharge and dismissal under this subsection may
occur only once with respect to any person.
(d)
Unless the officer has reasonable cause to believe such person is intoxicated, a
law enforcement officer may arrest by issuance of a citation a person accused of
violating only paragraph (2)
or
(2.1) of subsection (a) of Code Section
3_3_23. The citation shall enumerate the specific charges against the person and
either the date upon which the person is to appear and answer the charges or a
notation that the person will be later notified of the date upon which the
person is to appear and answer the charges. If the person charged shall fail to
appear as required, the judge having jurisdiction of the offense may issue a
warrant or other order directing the apprehension of such person and commanding
that such person be brought before the court to answer the charges contained
within the citation and the charge of his or her failure to appear as required.
Nothing in this subsection shall be construed to invalidate an otherwise valid
arrest by citation of a person who is intoxicated.
(e)
A law enforcement officer arresting a person by the issuance of a citation under
subsection (d) of this Code section may require any such person having a
driver´s license or instruction permit to deposit such license or permit
with the arresting officer in order to ensure the appearance of such person to
answer the charges against him or her. The procedures and rules connected with
the acceptance of such license or permit and subsequent disposition of the case
shall be the same as provided for the acceptance of a driver´s license as
bail on arrest for traffic offenses pursuant to Code Section
17_6_11.
(f)
In addition to any other punishment or sentence, the court may order all persons
convicted under subsection (b) of this Code section or sentenced under
subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk
Reduction Program prescribed by the Department of Human Resources within 120
days of such conviction or sentence. Failure to complete such program within 120
days shall be contempt of court and shall be punished by a fine of not more than
$300.00 or 20 days imprisonment, or both. If the conviction or sentence results
from a charge of unlawful possession of alcoholic beverages while operating a
motor vehicle, the court shall report such conviction or sentence to the
Department of Motor Vehicle Safety within ten days after conviction or
sentencing."
SECTION
3.
Article
3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to the cancellation, suspension, and revocation of drivers´ licenses, is
amended by striking Code Section 40_5_67, relating to the seizure and
disposition of drivers´ licenses of persons charged with driving under the
influence, and inserting in lieu thereof the following:
"40_5_67.
(a)
Whenever any resident or nonresident person is charged with violating Code
Section 40_6_391
or paragraph
(2.1) of subsection (a) of Code Section
3_3_23, the law enforcement officer shall
take the driver´s license of the person so charged. The driver´s
license shall be attached to the court´s copy of the uniform traffic
citation and complaint form and shall be forwarded to the court having
jurisdiction of the offense. A copy of the uniform traffic citation and
complaint form shall be forwarded, within ten days of issue, to the department.
Taking the driver´s license as required in this Code section shall not
prohibit any law enforcement officer or agency from requiring any cash bond
authorized by Article 1 of Chapter 6 of Title 17.
(b)
At the time the law enforcement officer takes the driver´s license, the
officer shall issue a temporary driving permit to the person as
follows:
(1)
If the driver refuses to submit to a test or tests to determine the presence of
alcohol or drugs as required in Code Section 40_5_55, the officer shall issue a
30 day temporary driving permit;
(2)
If the driver´s license is required to be suspended under Code Section
40_5_67.1, the officer shall issue a 30 day temporary driving permit;
or
(3)
If the test or tests administered pursuant to Code Section 40_5_55 indicate an
alcohol concentration in violation of Code Section 40_6_391 but less than the
level for an administrative suspension of the license under subsection (c) of
Code Section 40_5_67.1, the officer shall issue a 180 day temporary driving
permit.
This
temporary driving permit shall be valid for the stated period or until the
person´s driving privilege is suspended or revoked under any provision of
this title. The department, at its sole discretion, may delay the expiration
date of the temporary driving permit, but in no event shall this delay extend
beyond the date when such person´s driving privilege is suspended or
revoked under any provision of this title. The department shall by rules and
regulations establish the conditions under which the expiration of the temporary
permit may be delayed.
(c)(1)
If the person is convicted of violating or enters a plea of nolo contendere to a
charge of violating Code Section 40_6_391
or paragraph
(2.1) of subsection (a) of Code Section
3_3_23, the court shall, within ten days,
forward the person´s driver´s license and the record of the
disposition of the case to the department. At this time, the court shall also
require the person to surrender the temporary driving permit issued pursuant to
subsection (b) of this Code section.
(2)
If the person is not convicted of violating and does not enter a plea of nolo
contendere to a charge of violating Code Section 40_6_391
or paragraph
(2.1) of subsection (a) of Code Section
3_3_23, and the court is in possession of
the driver´s license, the court shall return the driver´s license to
the person unless the license is in suspension for any other offense, in which
case the court shall forward the license to the department for
disposition."
SECTION
4.
Said
article is further amended by striking subsections (c) and (d) of Code Section
40_5_67.1 and inserting in lieu thereof the following:
"(c)
If a person under arrest or a person who was involved in any traffic accident
resulting in serious injuries or fatalities submits to a chemical test upon the
request of a law enforcement officer and the test results indicate that a
suspension or disqualification is required under this Code section, the results
shall be reported to the department. Upon the receipt of a sworn report of the
law enforcement officer that the officer had reasonable grounds to believe the
arrested person
had consumed
an alcoholic beverage in violation of paragraph (2.1) of subsection (a) of Code
Section 3_3_23 or had been driving or was
in actual physical control of a moving motor vehicle upon the highways or
elsewhere throughout this state in violation of Code Section 40_6_391 or that
such person had been driving or was in actual physical control of a moving motor
vehicle upon the highways or elsewhere throughout this state and was involved in
a traffic accident involving serious injuries or fatalities and that the person
submitted to a chemical test at the request of the law enforcement officer and
the test results indicate either an alcohol concentration of 0.08 grams or more
or, for a person under the age of 21, an alcohol concentration of 0.02 grams or
more, the department shall suspend the person´s driver´s license,
permit, or nonresident operating privilege pursuant to Code Section 40_5_67.2,
subject to review as provided for in this chapter. Upon the receipt of a sworn
report of the law enforcement officer that the arrested person had been
operating or was in actual physical control of a moving commercial motor vehicle
and the test results indicate an alcohol concentration of 0.04 grams or more,
the department shall disqualify the person from operating a motor vehicle for a
minimum period of one year.
(d)
If a person under arrest or a person who was involved in any traffic accident
resulting in serious injuries or fatalities refuses, upon the request of a law
enforcement officer, to submit to a chemical test designated by the law
enforcement officer as provided in subsection (a) of this Code section, no test
shall be given; but the law enforcement officer shall report the refusal to the
department. Upon the receipt of a sworn report of the law enforcement officer
that the officer had reasonable grounds to believe the arrested person
had consumed
an alcoholic beverage in violation of paragraph (2.1) of subsection (a) of Code
Section 3_3_23 or had been driving or was
in actual physical control of a moving motor vehicle upon the highways or
elsewhere throughout this state in violation of Code Section 40_6_391 or that
such person had been driving or was in actual physical control of a moving motor
vehicle upon the highways or elsewhere throughout this state and was involved in
a traffic accident which resulted in serious injuries or fatalities and that the
person had refused to submit to the test upon the request of the law enforcement
officer, the department shall suspend the person´s driver´s license,
permit, or nonresident operating privilege for a period of one year or if the
person was operating or in actual physical control of a commercial motor
vehicle, the department shall disqualify the person from operating a commercial
motor vehicle and shall suspend the person´s driver´s license, permit,
or nonresident operating privilege, subject to review as provided for in this
chapter."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.