06 LC
35 0079
Senate
Bill 491
By:
Senators Schaefer of the 50th, Grant of the 25th, Douglas of the 17th and
Balfour of the 9th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia
Annotated, relating to serious traffic offenses, so as to provide that a person
convicted of driving under the influence of drugs, alcohol, or other
intoxicating substances on the fifth or subsequent offense shall be guilty of a
felony; to prescribe the punishment therefor; to provide for related matters; to
provide for applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to serious traffic offenses, is amended by striking subsection (c) of Code
Section 40-6-391, relating to driving under the influence of alcohol, drugs, or
other intoxicating substances, and inserting in its place a new subsection (c)
to read as follows:
"(c)
A 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
fourth
subsequent
conviction thereof, be guilty of a high and aggravated misdemeanor
and, upon a
fifth or subsequent conviction thereof, be guilty of a felony
and shall be punished as
follows:
(1)
First conviction with no conviction of and no plea of nolo contendere accepted
to a charge of violating this Code section within the previous
five
ten
years, 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 $300.00 nor more than $1,000.00, which fine shall not,
except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not less than ten days nor more than 12 months,
which period of imprisonment may, at the sole discretion of the judge, be
suspended, stayed, or probated, except that if the
offendeŕs
alcohol concentration at the time of the offense was 0.08 grams or more, the
judge may suspend, stay, or probate all but 24 hours of any term of imprisonment
imposed under this subparagraph;
(C)
Not less than 40 hours of community service, except that for a conviction for
violation of subsection (k) of this Code section where the
persońs
alcohol concentration at the time of the offense was less than 0.08 grams, the
period of community service shall be not less than 20 hours;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the program;
and
(E)
If the defendant is sentenced to a period of imprisonment for less than 12
months, a period of probation of 12 months less any days during which the
defendant is actually incarcerated;
(2)
For the second 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 $600.00 nor more than $1,000.00, which fine shall not,
except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not less than 90 days nor more than 12 months. 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 72 hours 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 Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the program;
and
(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;
or
(3)
For the third or
fourth
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. 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 Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the program;
and
(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.;
or
(4)
Notwithstanding any other provision of this Code section, for a fifth or
subsequent conviction within a 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 12 months nor more than
three years. The judge shall probate at least a portion of such term of
imprisonment, in accordance with subparagraph (E) 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 180 days of
actual incarceration;
(C)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the
program;
(D)
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
(E)
A period of probation of three years less any days during which the defendant is
actually incarcerated.
For
the purposes of imposing a sentence under this subsection, a plea of nolo
contendere or an adjudication of delinquency based on a violation of this Code
section shall constitute a
conviction."
SECTION
2.
Said
article is further amended by striking paragraph (2) of subsection (k) of said
Code Section 40-6-391 and inserting in its place a new paragraph (2) to read as
follows:
"(2)
Every person convicted of violating this subsection shall be guilty of a
misdemeanor for the first and second convictions and upon a third or
fourth
subsequent
conviction thereof be guilty of a high and aggravated misdemeanor and
upon a fifth
or subsequent conviction thereof be guilty of a felony
and shall be punished and fined as
provided in subsection (c) of this Code section, provided that any term of
imprisonment served shall be subject to the provisions of Code Section
17-10-3.1, and any period of community service imposed on such person shall be
required to be completed within 60 days of the date of
sentencing."
SECTION
3.
This
Act shall apply to offenses committed on or after July 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.