06 LC 21
8965S
The
House Committee on Judiciary Non-civil offers the following substitute to SB
64:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-1-7 of the Official Code of Georgia Annotated, relating to
the requirement that officers enforcing traffic laws have a blue light on the
roof of their vehicles, so as to provide for an exception to the requirement
that officers enforcing traffic laws have a blue light on the roof of their
vehicles; to amend Code Section 40-8-91 of the Official Code of Georgia
Annotated, relating to marking and equipment of law enforcement vehicles, so as
to provide motorists an opportunity to continue to drive until a reasonably safe
location for stopping is reached when being stopped by a law enforcement officer
in a marked vehicle; to provide for specific procedures therefor; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-1-7 of the Official Code of Georgia Annotated, relating to the
requirement that officers enforcing traffic laws have a blue light on the roof
of their vehicles, is amended by striking the Code section and inserting in lieu
thereof a new Code Section 40-1-7 to read as follows:
"40-1-7.
Whenever
pursuing a person in violation of a traffic related offense, a uniformed law
enforcement officer who is assigned routinely or primarily to traffic law
enforcement or other traffic safety duties on the roadways or highways of this
state must place a visible blue light on the roof of his or her vehicle if such
vehicle is not equipped with permanent roof mount blue lights; provided,
however, that the provisions of this Code section shall not apply to law
enforcement officers operating vehicles manufactured prior to 2001. This Code
section shall not apply to any officer assigned to special operations activities
or responding to an immediate threat to public safety as a result of an accident
or other emergency.
This Code
section shall not apply to a law enforcement officer operating a vehicle marked
in accordance with Code Section 40-8-91, with flashing or revolving colored
lights visible under normal atmospheric conditions for a distance of 500 feet
from the front and rear of such vehicle, and which also has an illuminating
agency identifier reasonably visible to a driver of a vehicle subject to a
traffic stop. An otherwise lawful arrest
shall not be invalidated or in any manner affected by failure to comply with
this Code
section."
SECTION
2.
Code
Section 40-8-91 of the Official Code of Georgia Annotated, relating to marking
and equipment of law enforcement vehicles, is amended by adding immediately
following subsection (d) new subsections (e) and (f) to read as
follows:
"(e)
Whenever a motorist driving on the roadways of this state is directed to stop by
a law enforcement officer in a law enforcement vehicle marked as required under
this Code section, the motorist may continue to drive until a reasonably safe
location for stopping is reached. Such motorist shall indicate to the officer
his or her intent to proceed to a safe location by displaying the
vehiclés
flashing lights or turn signals. In proceeding to a safe location, the motorist
shall observe the posted maximum speed limit but in no event shall he or she
exceed a speed of 50 miles per hour.
(f)
An otherwise lawful arrest shall not be invalidated or in any manner affected by
failure to comply with this Code
section."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.