sb502_As_passed_Senate

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06 LC 28 2898S (SCS)

Senate Bill 502

By: Senators Hamrick of the 30th, Carter of the 13th, Smith of the 52nd, Hill of the 32nd and Wiles of the 37th

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To provide a comprehensive revision, modernization, and reform of the laws of this state relating to operating motor vehicles while under the influence of alcohol, drugs, or other substances; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide legislative intent; to prohibit the operation of motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to provide for implied consent to chemical testing; to provide definitions; to provide for chemical testing of persons suspected of driving under the influence of alcohol, drugs, or other substances; to provide for the procedures to obtain and perform such tests; to provide for the administration of certain warnings with regard to such tests; to provide for independent tests under certain circumstances; to provide for certain qualifications of persons performing such tests and certain instruments used in such tests; to provide for the admission into evidence of the results of such tests and such certifications of testing instruments; to provide for certain immunities; to provide for certain disclosures; to provide for the taking of the driveŕs license of a person suspected of operating a motor vehicle while under the influence of alcohol, drugs, or other substances in certain circumstances; to provide for temporary driving permits under certain circumstances; to provide for certain reports by law enforcement officers and courts; to provide for the suspension and revocation of driverś licenses under certain circumstances; to provide for procedures for such suspensions and revocations; to provide for hearings in certain circumstances; to provide for reinstatement of driverś licenses under certain circumstances; to provide for compensation for law enforcement officers for attending hearings; to provide for sanctions and penalties for operating motor vehicles in this state while under the influence of alcohol, drugs, or other substances; to prohibit the operation of a school bus while under the influence of alcohol, drugs, or other substances; to prohibit the operation of a motor vehicle while under the influence of alcohol, drugs, or other substances when transporting a child under the age of 14 years; to provide for the admissibility of certain evidence; to provide that legal entitlement to use alcohol, marijuana, or other drugs shall not constitute a defense; to provide that certain pleas shall constitute prior convictions for sentencing purposes; to provide for the adoption of such laws by ordinance by political subdivisions; to provide for the discretion of the court to accept certain pleas; to provide for the publication of the photographs and fact of conviction for certain offenders; to provide for the seizure and forfeiture of certain vehicles operated by certain violators; to provide for related matters; to amend various provisions of the Official Code of Georgia Annotated, so as to conform such provisions to the provisions of this Act; to provide for the applicability and effect of this Act; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I.
SECTION 1-1.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section 40-1-8 to read as follows:

"40-1-8.

(a) The State of Georgia considers that any person who drives or is in actual physical control of any vehicle in violation of the laws of this state by consuming a prohibited level of alcohol or by consuming any other drug constitutes a direct and immediate threat to the welfare and safety of the general public.

(b) Any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent to a chemical test or tests of his or her blood, breath, urine, or other bodily substance for the purpose of determining the presence of alcohol or any other drug.

(c) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (b) of this Code section, and the chemical test or tests of his or her blood, breath, urine, or other bodily substance may be administered as provided in Article 9 of Chapter 5 of this title."

SECTION 1-2.

Said title is further amended by adding a new Article 9 to Chapter 5, relating to driverś licenses, to read as follows:

"ARTICLE 9

40-5-200.

As used in this article, the term:

(1) 'Adequate breath sample' means a breath sample sufficient to cause the breath-testing instrument to produce a printed alcohol concentration analysis.

(2) 'Law enforcement officer' means any peace officer, jail officer, juvenile correctional officer, or law enforcement support personnel, as such terms are defined by Code Section 35-8-2, or any individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation to administer breath tests.

(3) 'Medical facility' means a hospital, clinical laboratory, medical clinic, or similar medical institution.

40-5-201.

A law enforcement officer is authorized to obtain one or more chemical tests of a persońs blood, breath, urine, or other bodily substance for the purpose of determining the presence of alcohol or any other drug if there are reasonable grounds to believe that such person operated or was in actual physical control of a motor vehicle in violation of any of the provisions of Part 2 of Article 15 of Chapter 6 of this title. The law enforcement officer shall designate which test or tests shall be administered.

40-5-202.

(a) Prior to the administration of chemical tests to a person pursuant to this article, the implied consent notice as provided in subsection (c) of this Code section shall be read to such person.

(b) The notices provided in subsections (c) and (d) of this Code section shall be read in their entirety but need not be read exactly so long as the substance of the notice remains unchanged. If such notice is used to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section. The informing of or failure to inform the accused person concerning the implied consent law shall not affect the admissibility of such results in any case, including a prosecution for a violation of Part 2 of Article 15 of Chapter 6 of this title. The informing of an accused person concerning the implied consent law shall only have application to and be relevant at a hearing concerning revocation of the driveŕs license of said person for a violation of the implied consent law.

(c) At the time a chemical test or tests are requested, the following implied consent notice shall be read to the person:

'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substance for the purpose of determining if you are operating a motor vehicle under the influence of alcohol or drugs or with a prohibited substance in your body. If you submit to this testing, the results may be used against you in a court of law or in an administrative proceeding. If you refuse to submit to this testing, your Georgia driveŕs license or privilege to drive on the highways of this state may be suspended for a minimum period of one year and your refusal may be used as evidence against you. If you submit to the statés testing, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substance at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered testing under the implied consent law?'

(d) In addition to the implied consent notice, if the person is driving, operating, or in physical control of a commercial motor vehicle, the following notice shall be read:

'If you submit to testing and the results indicate the presence of any alcohol, you will also be issued an out-of-service order and will be prohibited from operating a commercial motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year.'

(e) If the person submits to the state administered test or tests, such person may have a qualified person of such persońs choosing administer chemical tests in addition to any tests administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

(f) If the person refuses to submit to the state administered test authorized by this Code section, nothing in this article shall be deemed to preclude the acquisition or admission of such evidence by any means authorized by the Constitution or laws of this state or of the United States.

(g) Upon the request of the person who shall submit to a chemical test or tests designated by a law enforcement officer, a copy of the results of the test or tests shall be made available to such person or such persońs attorney.

40-5-203.

(a) Any test authorized by Code Section 40-5-201 shall be performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation.

(b) Any test of a persońs breath shall be performed on a machine approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation which machine shall be operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order. Such test shall be performed by an individual possessing a valid permit issued by the Division of Forensic Sciences for such purpose.

(c) The Division of Forensic Sciences of the Georgia Bureau of Investigation shall approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, along with requirements for properly operating and maintaining any testing instruments, and to issue certificates certifying that instruments have met those requirements, which certificates and permits shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences.

(d) In all cases where a law enforcement officer designates breath testing, two sequential breath samples shall be requested for the testing of alcohol concentration. For either or both of these sequential samples to be admissible in the statés or plaintiff́s case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower of the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the law enforcement officer. A refusal to give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples.

40-5-204.

(a) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language:

'This breath-testing instrument (serial no. ______________ ) was thoroughly inspected, tested, and standardized by the undersigned on (date ______________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.'

(b) When properly prepared and executed, as prescribed in this Code section, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the requirements of this Code section and Code Section 40-5-203.

40-5-205.

(a) In all cases where a law enforcement officer designates blood testing pursuant to Code Section 40-5-202 for the purpose of determining the alcohol or other drug content, the sample may be drawn by a physician, physiciańs assistant, qualified technician, chemist, registered nurse, licensed practical nurse, medical technologist, medical laboratory technician, emergency medical technician, certified paramedic, phlebotomist, or other personnel trained to draw blood.

(b) For the purpose of establishing that a person was qualified to draw blood at the time the blood was drawn, the following shall be admissible as evidence:

(1) Certification by the office of the Secretary of State or by the Department of Human Resources that a person who drew blood was licensed or certified in accordance with the laws, rules, or regulations of this state;

(2) Records of a medical facility or employer, which records are duly certified by the custodian of such records as provided by Code Section 24-7-8, that certify that the person who drew the blood was properly trained and authorized to draw blood as an employee of the medical facility or employer;

(3) Testimony, under oath, of the person who drew the blood; or

(4) Testimony, under oath, of the supervisor of the person who drew the blood or the medical records custodian that the person who drew the blood was properly trained and authorized to draw blood as an employee of the medical facility or employer.

(c) A medical facility, physician, physiciańs assistant, qualified technician, chemist, registered nurse, licensed practical nurse, medical technologist, medical laboratory technician, emergency medical technician, certified paramedic, phlebotomist, or other personnel trained to draw blood; or a duly licensed clinical laboratory director, supervisor, technologist, technician, or employer thereof; or other person assisting a law enforcement officer shall not incur any civil, criminal, or administrative liability as a result of the withdrawal of a blood specimen pursuant to generally accepted medical practices when requested in writing by a law enforcement officer or directed by a court of competent jurisdiction, regardless of whether the subject resisted administration of the test. Notwithstanding any other provision of law, obtaining a blood sample pursuant to this article shall not constitute the practice of medicine or any other profession relating to health care which is regulated, licensed, or certified by the state.

(d) No privilege shall exist with regard to the disclosure by medical personnel to a law enforcement officer or prosecuting attorney of the results of a chemical test of a persońs blood, breath, urine, or other bodily substance for the purpose of determining the alcohol or drug content of a persońs blood irrespective of whether such test was done at the request of a treating physician, other medical personnel, or a law enforcement officer.

40-5-206.

(a) Whenever any resident or nonresident person is charged with a violation of Part 2 of Article 15 of Chapter 6 of this title, the law enforcement officer shall take the driveŕs license of the person so charged. The driveŕs license shall be attached to the court́s copy of the uniform traffic citation and complaint form and shall be forwarded to the court having jurisdiction of the offense unless the law enforcement officer is required to submit a report to the department pursuant to Code Section 40-5-207. A copy of the uniform traffic citation and complaint form shall be forwarded, within ten days of issue, to the department. Taking the driveŕs 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 driveŕs 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 by this article, the officer shall issue a 30 day temporary driving permit;

(2) If the driveŕs license is required to be suspended under Code Section 40-5-208, the officer shall issue a 30 day temporary driving permit; or

(3) If the test or tests administered pursuant to this article indicate an alcohol concentration less than the level for an administrative suspension of the license pursuant to Code Section 40-5-208 but there are reasonable grounds to believe that the person violated Code Section 40-6-410, the officer shall issue a 180 day temporary driving permit.

(c) A temporary driving permit issued pursuant to subsection (b) of this Code section shall be valid for the stated period or until the persońs 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 persońs 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 driving permit may be delayed.

(d)(1) If the person is convicted of violating or enters a plea of nolo contendere to a violation of any of the provisions of Part 2 of Article 15 of Chapter 6 of this title, the court shall, within ten days, forward the persońs driveŕs license and the record of the disposition of the case to the department. If such person is in possession of a temporary driving permit issued pursuant to subsection (b) of this Code section, the court shall also require the person to surrender such temporary driving permit instanter.

(2) If the person is not convicted of violating or does not enter a plea of nolo contendere to a violation of any of the provisions of Part 2 of Article 15 of Chapter 6 of this title and the court is in possession of the driveŕs license, the court shall return the driveŕs 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.

40-5-207.

(a) A law enforcement officer shall submit a report to the department if:

(1) A person 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 article; or

(2) A person refuses to submit to a chemical test designated by a law enforcement officer as provided in this article.

(b) A report submitted pursuant to subsection (a) of this Code section shall be in writing, signed by a law enforcement officer and in such form as the department shall prescribe. Such report may be submitted electronically in accordance with Chapter 12 of Title 10, the 'Georgia Electronic Records and Signatures Act.' The signature of the officer, whether actual or electronic, shall be considered an attestation of the officer that the facts contained therein are true and correct.

(c) A law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the license of the arrested person or other person refusing such test on such person at the time of the persońs refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under Code Section 40-5-208.

(d) The law enforcement officer shall forward the persońs driveŕs license to the department along with the notice of intent to suspend or disqualify and the report required by subsections (a) and (b) of this Code section within ten calendar days after the date of the arrest of such person. This subsection shall not apply to any person issued a 180 day temporary permit pursuant to subsection (b) of Code Section 40-5-206. The failure of the officer to transmit the report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of a driveŕs license as provided in this article.

40-5-208.

(a) Upon the receipt of the report of the law enforcement officer, the department shall suspend the persońs driveŕs license, permit, or nonresident operating privilege pursuant to Code Section 40-5-209 if:

(1) The person submitted to a chemical test at the request of a law enforcement officer and the test results indicated that:

(A) The person had an alcohol concentration of 0.08 grams or more;

(B) The person had an alcohol concentration of 0.02 grams or more and the person was under the age of 21; or

(C) The person had an alcohol concentration of 0.04 grams or more and the person was operating or was in actual physical control of a moving commercial motor vehicle; or

(2) The person refused to submit to the chemical test requested by a law enforcement officer.

(b) If notice has not been given by a law enforcement officer pursuant to Code Section 40-5-207, the department, upon receipt of the report of such officer, shall suspend the persońs driveŕs license, permit, or nonresident operating privilege or disqualify such person from operating a motor vehicle and, by regular mail, at the last known address, notify such person of such suspension or disqualification. The notice shall inform the person of the grounds of suspension or disqualification, the effective date of the suspension or disqualification, and the right to review. The notice shall be deemed received three days after mailing.

(c) The period of suspension provided for in this Code section shall be for a minimum period of one year; provided, however, that such suspension shall be subject to review as provided in this chapter. 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 persońs driveŕs license, permit, or nonresident operating privilege, subject to review as provided for in this chapter.

(d) If the person is a resident without a driveŕs license, commercial driveŕs license, or permit to operate a motor vehicle in this state, the department shall deny issuance of a license or permit to such person for the same period provided in subsection (c) of this Code section for suspension of a license or permit or disqualification to operate a commercial motor vehicle, subject to review as provided for in this chapter.

(e) Any driveŕs license required to be suspended under the provisions of this Code section shall be suspended subject to the following terms and conditions:

(1) Upon the first suspension pursuant to this Code section within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her driveŕs license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail, unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00, or $500.00 when processed by mail. A driveŕs license suspended pursuant to this Code section shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee;

(2) Upon the second suspension pursuant to this Code section within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. The person shall be eligible to apply to the department for license reinstatement not sooner than 18 months following the effective date of suspension. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210.00, or $200.00 when such reinstatement is processed by mail, unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00, or $500.00 when processed by mail. A driveŕs license suspended pursuant to this Code section shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee; and

(3) Upon the third or subsequent suspension pursuant to this Code section within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A driveŕs license suspended pursuant to this Code section shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. The driver may apply for a probationary license pursuant to Code Section 40-5-58 after the expiration of two years from the effective date of suspension.

(f) An administrative license suspension pursuant to this Code section shall be counted toward fulfillment of any period of suspension subsequently imposed as a result of a conviction of violating Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 which arises out of the same violation for which the administrative license suspension was imposed. An administrative license suspension pursuant to this Code section shall run concurrently with any revocation of such driveŕs license pursuant to a subsequent determination that such person is a habitual violator.

(g) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department́s discretion shall be guided by the driveŕs past driving record and performance. The driver shall pay a restoration fee of $210.00, or $200.00 when processed by mail.

(h) Any other provision of law to the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest, during the period of administrative suspension contemplated under this article, shall be entitled to a limited driving permit as provided in Code Section 40-5-64.

40-5-209.

(a)(1) A person whose driveŕs license is suspended or a person who is disqualified from operating a commercial motor vehicle pursuant to this article shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail or statutory overnight delivery, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded.

(2) The scope of the hearing shall be limited to the following issues:

(A) Whether the law enforcement officer had reasonable grounds to believe the person was driving or in actual physical control of a moving motor vehicle while under the influence of alcohol, a drug, or any combination thereof or had a prohibited substance in his or her body;

(B) Whether the law enforcement officer requested the person to submit to a state administered chemical test;

(C) Whether at the time of the request for the test or tests the officer informed the person of the persońs implied consent rights and the consequence of submitting or refusing to submit to such test; and

(D)(i) Whether the person refused the test; or

(ii)(I) Whether a test or tests were administered and the results indicated 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 or, for a person operating or having actual physical control of a commercial motor vehicle, an alcohol concentration of 0.04 grams or more; and

(II) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order. A copy of the operatoŕs permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph.

(3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the driveŕs license suspension or disqualification. If no hearing is requested within ten business days as specified in paragraph (1) of this subsection, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the driveŕs license; provided, however, that if the hearing is timely requested and is not held before the expiration of the temporary permit and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officeŕs decision is made.

(4) In the event the person is acquitted of a violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated and deleted from the driveŕs license record. An accepted plea of nolo contendere shall be entered on the driveŕs license record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413. In the event of an acquittal or other disposition other than by a conviction or plea of nolo contendere, the driveŕs license restoration fee shall be promptly returned by the department to the licensee.

(b) If the suspension is sustained after such a hearing, the person whose license has been suspended under this Code section shall have a right to file for a judicial review of the department́s final decision, as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' While such appeal is pending, the order of the department shall not be stayed.

40-5-210.

(a) Subject to the limitations of this subsection, any law enforcement officer who attends a hearing provided for by Code Section 40-5-209 for the purpose of giving testimony relative to the subject of such hearing shall be compensated in the same amount as is authorized as per diem for law enforcement officers pursuant to Code Section 24-10-27 for each daýs attendance at such hearing. In the event a law enforcement officer gives testimony at two or more different hearings on the same day, such officer shall receive only $20.00 for attendance at all hearings.

(b) The compensation provided for in this Code section shall not be paid to any law enforcement officer who is on regular duty or who is on a lunch or other break from regular duty at the time the officer attends any such hearing. The compensation provided for by this Code section shall be paid to the law enforcement officer by the department from department funds at such time and in such manner as the commissioner shall provide by rule.

(c) A law enforcement officer requesting compensation pursuant to this Code section shall submit a request for payment in such form as the commissioner shall prescribe by rule. Such form shall be signed by the officer, attesting that the officer:

(1) Appeared at the implied consent hearing as a witness or complainant on the date and time shown in the request;

(2) Was not on regular duty at the time of attending the hearing; and

(3) Has not received and will not receive compensation from such officeŕs regular employer for attending the hearing.

(d) A request for compensation shall be certified by the hearing officer who presided at the hearing for which compensation is requested."

SECTION 1-3.

Said title is further amended by redesignating the existing provisions of Article 15 of Chapter 6, relating to serious traffic offenses, as Part 1 and inserting a new Part 2 to read as follows:

"Part 2

40-6-410.

A person commits the offense of driving under the influence if such person drives or is in actual physical control of any moving vehicle while:

(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;

(2) Under the influence of any drug or marijuana to the extent that it is less safe for the person to drive;

(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive; or

(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this Code section to the extent that it is less safe for the person to drive.

40-6-411.

A person commits the offense of driving with a prohibited substance in his or her body if such person drives or is in actual physical control of any moving vehicle and such person has:

(1) At any time within three hours after having driven or been in actual physical control of any moving vehicle, an alcohol concentration of 0.08 grams or more in such persońs blood, breath, urine, or other bodily substance from alcohol consumed before or while driving or being in actual physical control of such motor vehicle; or

(2) Any amount of a Schedule I controlled substance, as defined in Code Section 16-13-25, present in such persońs blood, urine, or other bodily substance, including the metabolites and derivatives of such controlled substances, without regard to whether any alcohol is present in the persońs breath or blood.

40-6-412.

A person commits the offense of driving a commercial motor vehicle with a prohibited substance in his or her body if such person drives or is in actual physical control of a commercial motor vehicle and has, at any time within three hours after having driven or been in actual physical control of such commercial motor vehicle, an alcohol concentration of 0.04 grams or more in such persońs blood, breath, urine, or other bodily substance.

40-6-413.

A person commits the offense of underage driving with a prohibited substance in his or her body if a person under 21 years of age drives or is in actual physical control of any moving vehicle and has, at any time within three hours of driving or being in physical control of such motor vehicle, an alcohol concentration of 0.02 grams or more in such persońs blood, breath, urine, or other bodily substance from alcohol consumed before or while driving or being in actual physical control of such motor vehicle.

40-6-414.

(a) Unless otherwise provided in this part, any person convicted of any violation of Code Sections 40-6-410 through 40-6-413 shall be punished as follows:

(1) For a 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 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, such person shall be guilty of a misdemeanor and shall be punished as follows:

(A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (f) 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; provided, however, 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; provided, however, that, for a conviction for violation of Code Section 40-6-413 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 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, such person shall be guilty of a misdemeanor and shall be punished as follows:

(A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (f) 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;

(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 subsequent conviction 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, such person shall be guilty of a misdemeanor of a high and aggravated nature and shall be punished as follows:

(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 (f) 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;

(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.

(b) For the purpose of imposing a sentence under subsection (a) of this Code section, a plea of nolo contendere or an adjudication of delinquency based on a violation of Code Sections 40-6-410 through 40-6-413 shall constitute a conviction.

(c) When a defendant has been convicted of violating, by a single transaction, more than one of the provisions of Code Sections 40-6-410 through 40-6-413, the court shall merge such offenses for the purpose of sentencing and such offenses shall be treated as a single conviction for the purposes of this Code section and Code Section 40-5-58.

(d)(1) If the payment of the fine required under subsection (a) of this Code section will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.

(2) In the sole discretion of the judge, he or she may suspend up to one-half of the fine imposed under paragraph (2) or (3) of subsection (a) of this Code section for a second or subsequent conviction conditioned upon the defendant́s undergoing treatment in a substance abuse treatment program as defined in Code Section 40-5-1.

(e) Any person convicted of violating Code Section 40-6-412 shall, in addition to any disqualification resulting under Article 7 of Chapter 5 of this title, the 'Uniform Commercial Driveŕs License Act,' be fined as provided in subsection (a) of this Code section.

(f)(1) In any case where a person is sentenced to a period of imprisonment pursuant to this Code section for a violation of Code Section 40-6-413, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.

(2) Any confinement of a person pursuant to a sentence to a period of imprisonment for a violation of Code Section 40-6-413 shall be served in a county jail; provided, however, that, for the first such violation, such person shall be kept segregated from all offenders other than those confined for violating such Code section.

40-6-415.

(a) A person commits the offense of endangering a child by driving under the influence of alcohol or drugs if such person drives or is in actual physical control of any moving vehicle while in violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 while transporting a child under the age of 14 years.

(b) Any person convicted of a violation of this Code section shall be punished as provided in subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child.

40-6-416.

(a) A school bus driver licensed pursuant to Article 7 of Chapter 5 of this title shall, upon a conviction of a violation of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 while driving a school bus, be punished by imprisonment for a period of not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both.

(b) Any violation of this Code section shall be considered a separate offense.

40-6-417.

(a) Except as provided in subsection (b) of this Code section, upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of this part, the amount of alcohol in the persońs blood at the time alleged, as shown by chemical analysis of the persońs blood, urine, breath, or other bodily substance, may give rise to inferences as follows:

(1) If there was at that time an alcohol concentration of 0.05 grams or less, the trier of fact in its discretion may infer therefrom that the person was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410;

(2) If there was at that time an alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any inference that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410, but such fact may be considered by the trier of fact with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410; or

(3) If there was at that time an alcohol concentration of 0.08 grams or more, the trier of fact in its discretion may infer therefrom that the person was under the influence of alcohol, as prohibited by paragraphs (1) and (4) of Code Section 40-6-410.

(b)(1) In any civil or criminal action or proceeding arising out of acts alleged to have been committed in violation of paragraph (1) of Code Section 40-6-411, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.08 or more grams in the persońs blood, breath, urine, or other bodily substance, the person shall be in violation of paragraph (1) of Code Section 40-6-411.

(2) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-412, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.04 grams or more in the persońs blood, breath, urine, or other bodily substance, the person shall be in violation of Code Section 40-6-412.

(3) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-413, if there was at that time or within three hours after driving or being in actual physical control of a moving vehicle from alcohol consumed before such driving or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the persońs blood, breath, urine, or other bodily substance, the person shall be in violation of Code Section 40-6-413.

(c) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of Code Section 40-6-410, the refusal of the defendant to submit to a chemical analysis of his or her blood, breath, urine, or other bodily substance, or the failure to provide an adequate sample, shall be admissible in evidence against the person. The trier of fact, in its discretion, may infer from such refusal that any test given would have shown the presence of alcohol, drugs, or other prohibited substances.

40-6-418.

The fact that any person charged with violating any of the provisions of this part is or has been legally entitled to use alcohol, marijuana, or a drug shall not constitute a defense against any charge of violating this part.

40-6-419.

(a) Any conviction of or plea of nolo contendere to a violation of any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopts the provisions of this part, shall be deemed to be a prior conviction under this part.

(b) Any conviction of or plea of nolo contendere to a violation of former Code Section 40-6-391, or any local ordinance adopted pursuant to Article 14 of this chapter, which ordinance adopted the provisions of former Code Section 40-6-391, shall be deemed to be a prior conviction under this part.

(c) Any conviction of or plea of nolo contendere to a violation of any previously or currently existing law of this state or its political subdivisions or authorities; of the United States or its territories, dominions, and possessions; or of the several states or the political subdivisions of such states which, at the time such violation occurred, was the same or substantially conformed to the laws of this state shall be deemed to be a prior conviction under this part. For the purposes of this part, a conviction or plea of nolo contendere in a tribal court shall be deemed to be conviction by a court of the United States.

40-6-420.

(a) The decision to accept a plea of nolo contendere to a charge of violating the provisions of this part shall be at the sole discretion of the judge; but, if such plea is accepted, the penalties provided for in Code Section 40-6-414 shall be imposed; provided, however, that no such plea of nolo contendere shall be accepted if the person is charged with violating the provisions of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 and had an alcohol concentration of more than 0.15 grams at any time within three hours after driving or being in control of any moving vehicle from alcohol consumed before such driving or being in control ended.

(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating the provisions of Code Section 40-6-410, 40-6-411, 40-6-412, or 40-6-413 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:

(1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and

(2) The judge has reviewed the defendant́s driving records that are on file with the Department of Driver Services.

(c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his or her reasons for accepting the plea of nolo contendere.

(d) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Driver Services within ten days after disposition.

(e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section, the defendant́s driveŕs license shall be forwarded to the Department of Driver Services as provided in subsection (d) of Code Section 40-5-206.

40-6-421.

The provisions of Code Section 17-10-3, relating to general punishment for misdemeanors including traffic offenses, and the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, shall not apply to any person convicted or adjudicated of violating any provision of this article.

40-6-422.

(a) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in Code Section 40-6-414 upon a conviction of violating Code Sections 40-6-410 through 40-6-413 or upon a conviction of violating any ordinance adopting the provisions of this article.

(b) Any court authorized to hear cases involving violations of Code Sections 40-6-410 through 40-6-413 shall be authorized to exercise the power to probate, suspend, or stay any sentence imposed. Such power shall, however, be limited to the conditions and limitations imposed by Code Section 40-6-414.

40-6-423.

(a) In addition to any other provisions of law, the clerk of the court in which a person is convicted a second or subsequent time of a violation of this article within five 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, shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, name and address of the convicted person, and the date, time, place of arrest, and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made.

(b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed pursuant to this Code section.

(c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involved in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.

40-6-424.

Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of this part, evidence of the amount of alcohol or drug in a persońs blood, urine, breath, or other bodily substance obtained in accordance with the provisions of this part shall be admissible.

40-6-425.

(a) Except as provided in this Code section, any motor vehicle operated by a person who has been declared a habitual violator for three violations of any of the provisions of this part and whose license has been revoked is declared to be contraband and subject to forfeiture to the state, as provided in this Code section.

(b) Any motor vehicle subject to forfeiture under subsection (a) of this Code section shall be seized upon determination by any peace officer or law enforcement agency of this state or any political subdivision thereof who has the power to make arrests and whose duty it is to enforce this part that said motor vehicle is contraband as provided in subsection (a) of this Code section. When a motor vehicle is seized pursuant to this Code section, the peace officer seizing the same shall report the fact of seizure, within 20 days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made.

(c) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest in the motor vehicle that is subject to forfeiture.

(d) Within 60 days of the date of the seizure of a motor vehicle pursuant to this Code section, the district attorney shall initiate a forfeiture proceeding as provided in Code Section 16-13-49. If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in this subsection and subsection (b) of this Code section, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence.

(e) An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49.

(f) Property which is forfeited pursuant to this Code section shall be disposed of as provided in Code Section 16-13-49.

(g) The proceeds arising from such sale shall be deposited into the general treasury of the state or any other governmental unit whose law enforcement agency it was that originally seized the motor vehicle. It is the intent of the General Assembly that, where possible, proceeds deposited into the state treasury should be used and that proceeds vested in any local governmental unit shall be applied to fund alcohol or drug treatment, rehabilitation, and prevention and education programs, after making the necessary expenditures for:

(1) Any cost incurred in the seizure;

(2) The costs of the court and its officers; and

(3) Any costs incurred in the storage, advertisement, maintenance, or care of the motor vehicle.

(h) In any case where a motor vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once."

PART II
SECTION 2-1.

Code Section 6-2-5.1 of the Official Code of Georgia Annotated, relating to operation or physical control of aircraft while under the influence of alcohol or drugs, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows:

"(b) Any person arrested for violation of this Code section shall, at the request of a law enforcement officer of the state or any political subdivision, be administered a test as provided by and subject to the restrictions of subsection (a) of Code Section 40-6-392 Part 2 of Article 15 of Chapter 6 of Title 40."

SECTION 2-2.

Code Section 12-3-315 of the Official Code of Georgia Annotated, relating to the exercise of police powers by the Lake Lanier Islands Development Authority, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:

"(c) The maximum punishment for violation of such an ordinance shall be stated in the ordinance and shall not exceed a fine of $500.00 or imprisonment for 60 days, or both, except that an ordinance adopting the provisions of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 shall provide the same punishment as provided by Code Section 40-6-391 for violations of that Code section part."

SECTION 2-3.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (b.1) of Code Section 15-11-66, relating to disposition of delinquent child, and inserting in lieu thereof a new subsection (b.1) to read as follows:

"(b.1) Notwithstanding the provisions of subsections (a) and (b) of this Code section, at the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent offense which would be a violation of subsection (k) of Code Section 40-6-391 40-6-413 if committed by an adult, the court shall make an order of disposition which, for purposes of the child́s rehabilitation, imposes the same penalty, period of confinement, and period of community service provided in Code Section 40-6-391 40-6-413 which are applicable to an adult convicted of violating subsection (k) of Code Section 40-6-391 40-6-413, with any such period of confinement to be served in an institution, camp, or other facility for delinquent children operated under the direction of the court or other local public authority or, if no such facility is available, in a regional youth detention center, provided that such child shall be kept segregated from all children other than those confined for violating subsection (k) of Code Section 40-6-391 40-6-413. A previous finding that the child committed such a delinquent offense shall be deemed a previous conviction for purposes of this subsection. The judge shall have the same authority and discretion regarding allowing service of confinement on weekends or during nonworking hours as is provided under subsection (a) of Code Section 17-10-3.1."

SECTION 2-4.

Said title is further amended by striking subsection (a) of Code Section 15-21-112, relating to additional penalty for violation of Code Section 40-6-391, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayoŕs, recordeŕs, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs, for a violation of Code Section 40-6-391 any of the provisions of Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 said part pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to the lesser of $26.00 or 11 percent of the original fine."

SECTION 2-5.

Said title is further amended by striking subsection (a) of Code Section 15-21-149, relating to fines, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for any violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, or for violations of ordinances of political subdivisions which have adopted by reference Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine."

SECTION 2-6.

Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subparagraph (c)(2)(S) of Code Section 16-10-51, relating to bail jumping, and inserting in lieu thereof a new subparagraph (c)(2)(S) to read as follows:

"(S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6-391 Operating a motor vehicle in violation of Part 2 of Article 15 of Chapter 6 of Title 40;".

SECTION 2-7.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subparagraph (b)(2)(A) of Code Section 17-6-1, relating to where offenses are bailable, procedure, schedule of bails, and appeal bonds, and inserting in lieu thereof a new subparagraph (b)(2)(A) to read as follows:

"(A) A person charged with violating Code Section 40-6-391 any of the provisions of Part 2 of Article 15 of Chapter 6 of Title 40, relating to operating a motor vehicle while under the influence of alcohol or drugs, whose alcohol concentration at the time of arrest, as determined by any method authorized by law, violates that provided in paragraph (5) of subsection (a) (1) of Code Section 40-6-391 40-6-411 may be detained for a period of time up to six hours after booking and prior to being released on bail or on recognizance; and".

SECTION 2-8.

Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 17-6-2, relating to acceptance of bail in misdemeanor cases, and inserting in lieu thereof a new paragraph (2) to read as follows:

"(2) The individual posting a license as collateral pursuant to this subsection shall execute an acknowledgment and agreement between the individual and the State of Georgia as bond wherein the individual agrees to appear in court to answer the charges made against the individual and acknowledges that failure to appear in court when the case is scheduled for hearing, trial, or plea shall result in a forfeiture of the individuaĺs license through suspension by operation of law effective upon the date of the individuaĺs scheduled appearance. The individual shall also be notified that failure to appear in court as required may result in criminal prosecution for bail jumping as provided in Code Section 16-10-51. After execution of the agreement, except as otherwise provided by law, the license shall be returned to the individual and the original agreement shall be delivered to the prosecuting attorney for filing with the accusation, citation, or dismissal. Whenever an individual has been charged with a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, then the provisions of Code Section 40-5-67 40-5-206 shall apply."

SECTION 2-9.

Said title is further amended by striking Code Section 17-10-3.1, relating to punishment for violations of Code Section 40-6-391, and inserting a new Code Section 17-10-3.1 to read as follows:

"17-10-3.1.

(a) In any case where a person is sentenced to a period of imprisonment under Code Section 40-6-391 40-6-413 upon conviction for violating subsection (k) of said Code section, it is within the authority and discretion of the sentencing judge in cases involving the first such violation to allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge; provided, however, that the judge shall retain plenary control of the defendant at all times during the sentence period. Confinement during the nonworking hours of a defendant during any day may be counted as serving a full day of the sentence.

(b) Any confinement of a person pursuant to a sentence to a period of imprisonment under Code Section 40-6-391 40-6-413 upon conviction for violating subsection (k) of said Code section shall be served in a county jail, provided that for the first such violation such person shall be kept segregated from all offenders other than those confined for violating subsection (k) of Code Section 40-6-391 40-6-413."

SECTION 2-10.

Said title is further amended by striking subsections (a) and (h) of Code Section 17-15-7, relating to persons eligible for victim compensation awards, and inserting in lieu thereof new subsections (a) and (h) to read as follows:

"(a) Except as otherwise provided in this Code section, the following persons are eligible for awards pursuant to this chapter:

(1) A victim;

(2) A dependent spouse or child of a victim;

(2.1) For purposes of an award under subsection (k) of Code Section 17-15-8, any member of the immediate family of a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40;

(3) Any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to apprehend lawfully a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured or killed while aiding or attempting to aid a law enforcement officer in the prevention of crime or apprehension of a criminal at the officeŕs request;

(4) Any person who is a victim of family violence as defined by Code Section 19-13-1 and anyone who is a victim as a result of a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40; or

(5) Any person who is not a direct service provider and who assumes the cost of an eligible expense of a victim regardless of such persońs relationship to the victim or whether such person is a dependent of the victim."

"(h) A victim or claimant who has been convicted of a felony involving criminally injurious conduct and who is currently serving a sentence therefor shall not be considered eligible to receive an award under this chapter. For purposes of this subsection, 'criminally injurious conduct' means an act which occurs or is attempted in this state that results in personal injury or death to a victim, which act is punishable by fine, imprisonment, or death. Such term shall not include acts arising out of the operation of motor vehicles, boats, or aircraft unless the acts were committed with the intent to inflict injury or death or unless the acts committed were in violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40. For the purposes of this subsection, a person shall be deemed to have committed criminally injurious conduct notwithstanding that by reason of age, insanity, drunkenness, or other reason, he or she was legally incapable of committing a crime."

SECTION 2-11.

Said title is further amended by striking paragraph (1) of subsection (k) of Code Section 17-15-8, relating to amount of victim compensation award, and inserting in lieu thereof a new paragraph (1) to read as follows:

"(k)(1) In addition to any other award authorized by this Code section, in any case where a deceased was a victim of homicide by vehicle caused by a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 on any road which is part of the state highway system, upon request of the next of kin of the deceased, an award of compensation in the form of a memorial sign erected by the Department of Transportation as provided by this subsection shall be paid to an eligible claimant."

SECTION 2-12.

Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 17-15-10, relating to the Georgia Crime Victims Emergency Fund, and inserting in lieu thereof a new paragraph (1) to read as follows:

"(b)(1) The fund shall consist of all moneys received pursuant to Article 7 of Chapter 21 of Title 15 from the assessment of additional penalties in cases involving a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40, relating to driving under the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of Title 40 pursuant to Article 14 of Chapter 6 of Title 40."

SECTION 2-13.

Code Section 20-2-984.2 of the Official Code of Georgia Annotated, relating to reports of criminal offenses to local boards of education, is amended by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows:

"(6) Unlawfully operating a motor vehicle after being declared a habitual violator for violating Code Section 40-5-54, 40-6-391, 40-6-392, or 40-6-394, or Part 2 of Article 15 of Chapter 6 of Title 40, or any combination of such Code sections provisions."

SECTION 2-14.

Code Section 33-9-43 of the Official Code of Georgia Annotated, relating to reduction in premiums for motor vehicle liability, is amended by striking paragraph (3) of subsection (c) and inserting in lieu thereof a new paragraph (3) to read as follows:

"(3) Had that persońs driveŕs license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-67.1 Article 9 of Chapter 5 of Title 40 and that suspension has not been reversed, if appealed from."

SECTION 2-15.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subsection (a) of Code Section 40-2-136, relating to surrender of license plates upon second or subsequent convictions of driving under the influence, and inserting in lieu thereof a new subsection (a) to read as follows:

"(a) Upon any persońs second or subsequent conviction of violating Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the court shall issue an order requiring that the license plates of all motor vehicles registered in such persońs name be surrendered to the court. The court shall notify the commissioner within ten days after issuing any such order, and the commissioner shall revoke each such license plate upon receiving such notice. The court shall issue a receipt for the surrendered license plate or plates. The court shall forward the surrendered license plate or plates to the local tag agent immediately upon receipt. For purposes of this subsection, a plea of nolo contendere shall constitute a conviction."

SECTION 2-16.

Said title is further amended by striking paragraphs (4) and (9) of Code Section 40-5-1, relating to definitions regarding driverś licenses, and inserting in lieu thereof new paragraphs (4), (9), and (13.1) to read as follows:

"(4) 'Code Section 40-6-391' means Code Section 40-6-391 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offense covered under Code Section 40-6-391, any local ordinance adopted pursuant to Article 14 of Chapter 6 of this title, which ordinance adopts the provisions of Code Section 40-6-391, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Code Section 40-6-391 Reserved."

"(9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Driver Services which consists of two components: assessment and intervention. In the case of a conviction or plea of nolo contendere to a violation of Code Section 40-6-391 Part 2 of Article 15 of Chapter 6 of this title or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and refers such offender to the intervention component."

"(13.1) 'Part 2 of Article 15 of Chapter 6 of this title' means Part 2 of Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, as now or hereafter amended, any federal law or regulation substantially conforming to or parallel with the offenses covered under Part 2 of Article 15 of Chapter 6 of this title, any local ordinance adopted pursuant to Article 14 of Chapter 6 of this title, which ordinance adopts the provisions of Part 2 of Article 15 of Chapter 6 of this title, or any previously existing or existing law of this or any other state, which law was or is substantially conforming to or parallel with Part 2 of Article 15 of Chapter 6 of this title."

SECTION 2-17.

Said title is further amended by striking subsections (a) and (c) of Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees, and inserting in lieu thereof new subsections (a) and (c) to read as follows:

"(a) The department shall maintain records regarding the driverś licenses and permits issued by the department under this chapter. The driverś records maintained by the department shall include: