07 LC 34
1142S
The
House Committee on Judiciary Non-civil offers the following substitute
to
HB 415:
HB 415:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to drivers´ licenses, so as to provide for the expiration of temporary
licenses or special identification cards; to provide for suspensions based on
driving under the influence convictions; to provide for administrative license
suspensions to count against the total suspension provided; to amend Code
Section 40-16-4 of the Official Code of Georgia Annotated, relating to duties of
the commissioner of driver services, so as to provide for powers and duties of
investigators; to provide for related matters; to repeal conflicting laws; to
provide an effective date; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to
drivers´ licenses, is amended in Code Section 40-5-21.1, relating to
temporary licenses, permits, or special identification cards and foreign
licenses or identification cards as evidence of legal presence in the United
States, is revised in subsection (a) as follows:
"(a)
Notwithstanding any other provision of this title, an applicant who presents in
person valid documentary evidence of:
(1)
Admission to the United States in a valid, unexpired nonimmigrant
status;
(2)
A pending or approved application for asylum in the United States;
(3)
Admission into the United States in refugee status;
(4)
An approved application for temporary protected status in the United
States;
(5)
Approved deferred action status; or
(6)
Other federal documentation verified by the United States Department of Homeland
Security to be valid documentary evidence of lawful presence in the United
States under federal immigration law
may
be issued a temporary license, permit, or special identification card. Such
temporary license, permit, or special identification card shall be valid only
during the period of time of the applicant´s authorized stay in the United
States. If
the federal documentation does not specify the period of the applicant´s
authorized stay, the temporary license, permit, or special identification card
shall expire at the end of one year or as otherwise provided for in this
chapter."
SECTION
2.
Said
chapter is further amended in Code Section 40-5-22, relating to persons not to
be licensed, minimum ages for licensees, school attendance requirements, and
driving training requirements, by revising subsection (c) as
follows:
"(c)
The department shall not issue any driver´s license to nor renew the
driver´s license of any person:
(1)
Whose
license
has
driver´s
license or driving privileges have been
suspended during such suspension, or whose
license
has
driver´s
license or driving privileges have been
revoked, except as otherwise provided in this chapter;
(2)
Whose
license
is
driver´s
license or driving privileges are
currently under suspension or revocation in any other jurisdiction upon grounds
which would authorize the suspension or revocation of a
driver´s
license or
driving privileges under this
chapter;
(3)
Who is a habitual user of alcohol or any drug to a degree rendering him or her
incapable of safely driving a motor vehicle;
(4)
Who has previously been adjudged to be afflicted with or suffering from any
mental disability or disease and who has not at the time of application been
restored to competency by the methods provided by law;
(5)
Who is required by this chapter to take an examination, unless such person shall
have successfully passed such examination;
(6)
Who the commissioner has good cause to believe would not, by reason of physical
or mental disability, be able to operate a motor vehicle with safety upon the
highway; or
(7)
Whose
driver´s
license or
driving privileges issued by any other
jurisdiction is suspended or revoked by such other jurisdiction during the
period such
license
is
driver´s
license or driving privileges are
suspended or revoked by such other jurisdiction."
SECTION
3.
Said
chapter is further amended in Code Section 40-5-57, relating to suspension or
revocation of license of habitually negligent or dangerous driver and point
system, by adding a new subsection to read as follows:
"(g)
Each offense for which a conviction was obtained shall be treated as a separate
transaction for the purpose of imposing points hereunder, even if said
convictions arise from a single incident."
SECTION
4.
Said
chapter is further amended in Code Section 40-5-57.1, relating to suspension of
licenses of persons under age 21 for certain offenses, suspension of licenses of
persons under age 18 for certain point accumulations, and issuance of new
license following suspension, by revising subsections (b), (b.1), and (d) in
their entirety as follows:
"(b)
A person whose driver´s license has been suspended under subsection (a) of
this Code section shall:
(1)
Subject to the requirements of subsection (c) of this Code section:
(A)
Except as provided in paragraph (2) of this subsection, upon a first such
suspension for an offense other than a first violation of Code Section 40-6-391,
be eligible to apply for license reinstatement and, subject to payment of
required fees, have his or her driver´s license reinstated after six
months; and
(B)
Upon a second or subsequent such suspension, be eligible to apply for license
reinstatement and, subject to payment of required fees, have his or her
driver´s license reinstated after 12 months; or
(2)(A)
If the driver´s license was suspended upon conviction for violation of Code
Section 40-6-391, be subject to the provisions of Code Section
40-5-63.
(B)
If such driver was convicted of driving under the influence of alcohol or of
having an unlawful alcohol concentration and is otherwise subject to the
provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then such
person shall not be eligible for a limited driving permit under Code Section
40-5-64, and:
(i)
Upon a first suspension pursuant to this Code section for a first conviction for
a violation of Code Section 40-6-391, the period of suspension shall be six
months if the driver´s alcohol concentration at the time of the offense was
less than 0.08 grams; or
(ii)
Upon a first suspension pursuant to this Code section for a first conviction for
a violation of Code Section 40-6-391, the period of suspension shall be 12
months if the driver´s alcohol concentration at the time of the offense was
0.08 grams or greater.
(b.1)
An administrative license suspension pursuant to Code Section 40-5-67.1 shall be
counted toward fulfillment of any period of suspension subsequently imposed as a
result of a conviction of violating Code Section 40-6-391 which arises out of
the same violation for which the administrative license suspension was imposed.
An administrative license suspension pursuant to Code Section 40-5-67.1 shall
run concurrently with any revocation of such driver´s license pursuant to a
subsequent determination that such person is a habitual
violator."
"(d)(1)
A suspension provided for in this Code section shall be imposed based on the
person´s age on the date of the conviction giving rise to the
suspension.
(2)
Each offense for which a conviction was obtained shall be treated as a separate
transaction for the purpose of imposing points hereunder, even if said
convictions arise from a single incident."
SECTION
5.
Said
chapter is further amended in Code Section 40-5-75, relating to suspension of
licenses by operation of law, by adding a new subsection to read as
follows:
"(i)
Notwithstanding any other provision of this chapter to the contrary, the
suspension imposed pursuant to this Code section shall be in addition to and run
consecutively to any other suspension imposed by the department at the time of
the conviction that results in said suspension. If the person has never been
issued a driver´s license, the person shall not be eligible for a
driver´s license for the applicable period of suspension following his or
her submission of an application for issuance thereof."
SECTION
6.
Said
chapter is further amended in Code Section 40-5-103, relating to the issuance of
identification card fees, by adding a new subsection to read as
follows:
"(f)(1)
Every identification card shall be renewed on or before its expiration upon
application, payment of the required fee, and, if applicable, satisfactory
completion of any other requirements imposed by law.
(2)
An application for renewal of an identification card may be submitted by means
of:
(A)
Personal appearance before the department; or
(B)
Subject to rules or regulations of the department which shall be consistent with
considerations of public safety and efficiency of service to identification card
holders, means other than such personal appearance which may include, without
limitation, by mail or electronically. The department may by such rules or
regulations exempt persons renewing identification cards under this paragraph
from any surrender requirement imposed under Georgia law.
(3)
Notwithstanding any other provision of this Code section, there shall be no fee
whatsoever for replacement of any identification card solely due to a change of
the identification card holder´s name or address, provided that such
replacement identification card shall be valid only for the remaining period of
such original term; and provided, further, that only one such free replacement
identification card may be obtained within the period for which the
identification card was originally issued. Any application for the replacement
of a lost identification card or due to a change in the identification card
holder´s name or address submitted within 150 days of the expiration of
said identification card shall be treated as an application for renewal subject
to the applicable fees as set forth in this Code section."
SECTION
7.
Code
Section 40-16-4 of the Official Code of Georgia Annotated, relating to duties of
the commissioner of driver services, is amended by revising subsection (e) in
its entirety as follows:
"(e)(1)
The commissioner shall have the authority to appoint and employ 30 investigators
who shall be certified peace officers pursuant to the provisions of Chapter 8 of
Title 35, the 'Georgia Peace Officer Standards and Training Act.'
(2)
The investigators of the department shall have jurisdiction throughout this
state with such duties and powers as are prescribed by law."
SECTION
8.
This
Act shall become effective on January 1, 2008.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.