08
SB350/AP
Senate
Bill 350
By:
Senators Wiles of the 37th, Rogers of the 21st, Seabaugh of the 28th, Murphy of
the 27th, Johnson of the 1st and others
AS
PASSED
AN
ACT
To
amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to drivers´ licenses, so as to change certain provisions relating to
driver´s license requirement, surrender of prior licenses, and prohibition
of local licenses; to require the Department of Driver Services to maintain
records of convictions for driving without a license; to provide that courts
with jurisdiction over traffic offenses shall report convictions of driving
without a license to the Department of Driver Services; to change certain
provisions relating to driving while license suspended or revoked; to specify
punishments and exceptions for driving without being licensed; to amend Code
Section 42-4-14 of the Official Code of Georgia Annotated, relating to
determination of nationality of person charged with felony or driving under the
influence and confined in a jail facility, so as to provide for determination of
nationality of person convicted of driving without being licensed; to provide an
effective date; to repeal conflicting laws; 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 by revising paragraph (3) of subsection (a)
of Code Section 40-5-2, relating to keeping of records of applications for
drivers´ licenses and information on licensees, to read as
follows:
"(3)
Records of all accident reports and abstracts of court records of convictions of
any offense listed in subsection (a) of Code Section 40-5-20, subsection (a) of
Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in
violation of Code Section 40-5-121, administrative license suspension pursuant
to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of
this title, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of
Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony
offense under this title, any offense committed while operating a commercial
motor vehicle, serious traffic offenses, or other offenses requiring the
assessment of points on the driving record that are received by it under the
laws of this state and in connection therewith maintain convenient records or
make suitable notations in order that an individual record of each licensee or
individual showing the convictions of such licensee or individual and the
traffic accidents in which such licensee or individual has been involved shall
be readily ascertainable and available for the consideration of the department
upon any application for, or application for renewal of license and at other
suitable times. For purposes of issuing a driver´s operating record to the
public as provided in this Code section, the period of calculation for
compilation of such report shall be determined by the date of
arrest."
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 40-5-20,
relating to driver´s license requirement, surrender of prior licenses, and
prohibition of local licenses, as follows:
"(a)
No person, except those expressly exempted in this chapter, shall drive any
motor vehicle upon a highway in this state unless such person has a valid
driver´s license under this chapter for the type or class of vehicle being
driven. Any person who is a resident of this state for 30 days shall obtain a
Georgia driver´s license before operating a motor vehicle in this state.
Any violation of this subsection, except the violation of driving with an
expired license, or a violation of Code Section 40-5-29 if such person produces
in court a license issued to such person and valid at the time of such
person´s arrest, shall be punished as provided in Code Section 40-5-121.
Any court having jurisdiction over traffic offenses in this state shall report
to the department the name and other identifying information of any individual
convicted of driving without a license."
SECTION
3.
Said
chapter is further amended by revising Code Section 40-5-121, relating to
driving while license suspended or revoked, as follows:
"40-5-121.
(a)
Except when a license has been revoked under Code Section 40-5-58 as a habitual
violator, any person who drives a motor vehicle on any public highway of this
state without being licensed as required by subsection (a) of Code Section
40-5-20 or at a time when his or her privilege to so drive is suspended,
disqualified, or revoked shall be guilty of a misdemeanor for a first conviction
thereof and, upon a first conviction thereof or plea of nolo contendere 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 or a plea of nolo contendere is accepted, shall be fingerprinted and
shall be punished by imprisonment for not less than two days nor more than 12
months, and there may be imposed in addition thereto a fine of not less than
$500.00 nor more than $1,000.00; provided, however, that at the time of the
hearing such person shall not be guilty of such offense if he or she presents
the court with proof of a valid driver´s license issued by this state.
Such fingerprints, taken upon conviction, shall be forwarded to the Georgia
Crime Information Center where an identification number shall be assigned to the
individual for the purpose of tracking any future violations by the same
offender. For the second and third conviction 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, such person
shall be guilty of a high and aggravated misdemeanor and shall be punished by
imprisonment for not less than ten days nor more than 12 months, and there may
be imposed in addition thereto a fine of not less than $1,000.00 nor more than
$2,500.00. For the fourth or subsequent conviction 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, such
person shall be guilty of a felony and shall be punished by imprisonment for not
less than one year nor more than five years, and there may be imposed in
addition thereto a fine of not less than $2,500.00 nor more than
$5,000.00.
(b)
The department, upon receiving a record of the conviction of any person under
this Code section upon a charge of driving a vehicle while the license of such
person was suspended, disqualified, or revoked, including suspensions under
subsection (f) of Code Section 40-5-75, shall extend the period of suspension or
disqualification for six months. The court shall be required to confiscate the
license, if applicable, and attach it to the uniform citation and forward it to
the department within ten days of conviction. The period of suspension or
disqualification provided for in this Code section shall begin on the date the
person is convicted of violating this Code section.
(c)
For purposes of pleading nolo contendere, only one nolo contendere plea will be
accepted to a charge of driving without being licensed or with a suspended or
disqualified license within a five-year period as measured from date of arrest
to date of arrest. All other nolo contendere pleas in this period will be
considered convictions. For the purpose of imposing a sentence under this
subsection, a plea of nolo contendere shall constitute a conviction. There
shall be no limited driving permit available for a suspension or
disqualification under this Code section.
(d)
Notwithstanding the limits set forth in Code Section 40-5-124 and in any
municipal charter, any municipal court of any municipality shall be authorized
to impose the punishment for a misdemeanor or misdemeanor of a high and
aggravated nature as applicable and provided for in this Code section upon a
conviction of a nonfelony charge of violating this Code section or upon
conviction of violating any ordinance adopting the provisions of this Code
section."
SECTION
4.
Code
Section 42-4-14 of the Official Code of Georgia Annotated, relating to
determination of nationality of person charged with felony or driving under the
influence and confined in a jail facility, is amended by revising subsection (a)
as follows:
"(a)
When any person charged with a felony or with driving under the influence
pursuant to Code Section 40-6-391 or convicted of driving without being licensed
in violation of subsection (a) of Code Section 40-5-20 is confined, for any
period, in the jail of the county, any municipality or a jail operated by a
regional jail authority, a reasonable effort shall be made to determine the
nationality of the person so confined."
SECTION
5.
This
Act shall become effective on July 1, 2008.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.