06 LC
35 0077
Senate
Bill 485
By:
Senators Schaefer of the 50th, Balfour of the 9th and Douglas of the 17th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia
Annotated, relating to general provisions for the uniform rules of the road, so
as to provide that certain persons convicted of speeding violations shall
display a habitual speeder bumper sticker as a condition of his or her
probation; to provide that a judge may suspend a
driveŕs
license of a person who violates the condition of probation; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to general provisions for the uniform rules of the road, is amended in Code
Section 40-6-1, relating to the observance of the uniform rules of the road
required, punishment for violations generally, and maximum fines for certain
offenses, by adding immediately following subsection (b) a new subsection (c) to
read as follows:
∀(c)
Every person convicted of violating Code Section 40-6-181 may, upon a third or
subsequent conviction thereof within a five-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, be declared a
habitual speeder and shall be placed on probation for a period of time not to
exceed 12 months. During such period of probation, a habitual speeder shall be
required to prominently legibly display upon the bumper of any vehicle driven by
him or her a sticker or magnetic decal specifying that the driver of the vehicle
is a habitual speeder. The bumper sticker or decal shall be provided by the
sentencing court or in a form officially approved by the sentencing court. The
driveŕs
license or temporary permit of any person driving in violation of the condition
of probation specified by this subsection may, within the discretion of the
sentencing court, be suspended for up to the remainder of the probationary
period or 90 days, whichever period of time is longer. For the purpose of
imposing a sentence under this subsection, a plea of nolo contendere or an
adjudication of delinquency based on a violation of Code Section 40-6-181 shall
constitute a conviction. The court shall notify the Department of Driver
Services of any condition of probation imposed pursuant to this subsection, and
the condition of probation shall be noted on the
persońs
driving record by the department. The court shall notify the Department of
Driver Services of any revocation of a permit or suspension of a
driveŕs
license. The court shall forward the license and a processing fee of $25.00 to
the Department of Driver Services, which shall reissue the license with the
restriction endorsed thereon and shall return the license by mail to the person
at the address listed on the license or such other address as provided by such
person. A copy of the notice of transmittal to the Department of Driver
Services shall serve as a temporary license for 30 days or until such time as
the department shall issue a license with the restriction endorsed thereon,
whichever is sooner. The Department of Driver Services may extend the 30 day
period for good
cause.∀
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.