08 LC 29
3162
House
Bill 1239
By:
Representatives Levitas of the
82nd,
Hatfield of the
177th,
Collins of the
27th,
Lindsey of the
54th,
Abrams of the
84th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating
to general provisions for motor vehicles and traffic, so as to provide
prosecutorial discretion to pursue certain violations of the title as a civil
penalty such that the only punishment the defendant could receive would be the
applicable fine for such violation; to provide for a short title; to provide for
procedure; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "State Court Jury Trial and Public
Defender Cost Reduction Act of 2008."
SECTION
2.
Chapter
1 of Title 40 of the Official Code of Georgia Annotated, relating to general
provisions for motor vehicles and traffic, is amended by adding a new Code
section to read as follows:
"40-1-8.
(a)
Upon written notice served upon the defendant at or prior to arraignment for an
alleged violation of this title, a prosecuting attorney may elect to restrict
punishment to the imposition of a civil penalty by a civil fine in such amount
as is provided by the applicable punishment for the applicable Code section
which the defendant is alleged to have violated.
(b)
In the event that notice is given as provided in subsection (a) of this Code
section, the defendant shall not be subject to any term of incarceration,
confinement, probation, home arrest, or suspended sentence as part of any
sentence of the court; provided, however, that the court shall have continued
jurisdiction over the case and over the defendant and may punish the defendant
for contempt in a separate proceeding in the event that the defendant does not
pay the full amount of any fine imposed.
(c)
The imposition of a civil penalty pursuant to this Code section shall constitute
a conviction of violating the applicable Code section.
(d)
The provisions of this Code section shall apply to any violation of subsection
(a) of Code Section 40-3-32, subsection (a) or (b) of Code Section 40-6-10, and
the following Code Sections: 40-1-4, 40-2-8, 40-2-20, 40-2-41, 40-2-74,
40-2-114, 40-5-72, 40-5-179, 40-6-11, 40-6-14, 40-6-54, 40-6-76, 40-6-95,
40-6-180, 40-6-181, 40-6-184, 40-6-186, 40-6-240, 40-6-251, 40-6-252, 40-6-254,
40-6-275, 40-6-276, 40-7-4, 40-8-4, 40-8-7, 40-8-10, 40-8-71, 40-8-73.1,
40-8-130, and 40-13-63."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.