08
SB529/AP
Senate
Bill 529
By:
Senators Grant of the 25th, Harp of the 29th, Meyer von Bremen of the 12th,
Unterman of the 45th and Ramsey, Sr. of the 43rd
AS
PASSED
AN
ACT
To
amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to the uniform rules of the road, so as to provide for an offense of homicide by
vehicle in the first degree where a person has committed the offense of felony
hit and run and the accident causes the death of the person; to provide that a
person who fails to stop and render aid under certain circumstances has
committed the offense of hit and run; to change provisions relating to feticide
by vehicle; to amend Article 1 of Chapter 7 of Title 52 of the Official Code of
Georgia Annotated, relating to general provisions pertaining to the
registration, operation, and sale of watercraft, so as to provide for an offense
of homicide by vessel in the first degree where a person has operated a vessel
in such a manner as to cause a collision or accident which causes the death of a
person and knowingly fails to stop and attempt to render assistance; to correct
cross-references; to change certain penalties; to provide for related matters;
to provide for an effective date and applicability; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform
rules of the road, is amended by revising subsection (a) of Code Section
40-6-270, relating to hit and run and the duty of a driver to stop at or return
to the scene of an accident, as follows:
"(a)
The driver of any vehicle involved in an accident resulting in injury to or the
death of any person or in damage to a vehicle which is driven or attended by any
person shall immediately stop such vehicle at the scene of the accident or shall
stop as close thereto as possible and forthwith return to the scene of the
accident and shall:
(1)
Give his or her name and address and the registration number of the vehicle he
or she is driving;
(2)
Upon request and if it is available, exhibit his or her operator´s license
to the person struck or the driver or occupant of or person attending any
vehicle collided with;
(3)
Render to any person injured in such accident reasonable assistance, including
the transporting, or the making of arrangements for the transporting, of such
person to a physician, surgeon, or hospital for medical or surgical treatment if
it is apparent that such treatment is necessary or if such transporting is
requested by the injured person; and
(4)
Where a person injured in such accident is unconscious, appears deceased, or is
otherwise unable to communicate, make every reasonable effort to ensure that
emergency medical services and local law enforcement are contacted for the
purpose of reporting the accident and making a request for assistance.
The
driver shall in every event remain at the scene of the accident until fulfilling
the requirements of this subsection. Every such stop shall be made without
obstructing traffic more than is necessary."
SECTION
2.
Said
chapter is further amended by revising Code Section 40-6-393, relating to
homicide by vehicle, as follows:
"40-6-393.
(a)
Any person who, without malice aforethought, causes the death of another person
through the violation of subsection (a) of Code Section 40-6-163, Code Section
40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the
offense of homicide by vehicle in the first degree and, upon conviction thereof,
shall be punished by imprisonment for not less than three years nor more than 15
years.
(b)
Any driver of a motor vehicle who, without malice aforethought, causes an
accident which causes the death of another person and leaves the scene of the
accident in violation of subsection (b) of Code Section 40-6-270 commits the
offense of homicide by vehicle in the first degree and, upon conviction thereof,
shall be punished by imprisonment for not less than three years nor more than 15
years.
(c)
Any person who causes the death of another person, without an intention to do
so, by violating any provision of this title other than subsection (a) of Code
Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390
or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of
homicide by vehicle in the second degree when such violation is the cause of
said death and, upon conviction thereof, shall be punished as provided in Code
Section 17-10-3.
(d)
Any person who, after being declared a habitual violator as determined under
Code Section 40-5-58 and while such person´s license is in revocation,
causes the death of another person, without malice aforethought, by operation of
a motor vehicle, commits the offense of homicide by vehicle in the first degree
and, upon conviction thereof, shall be punished by imprisonment for not less
than five years nor more than 20 years, and adjudication of guilt or imposition
of such sentence for a person so convicted may be suspended, probated, deferred,
or withheld but only after such person shall have served at least one year in
the penitentiary."
SECTION
3.
Said
chapter is further amended by revising Code Section 40-6-393.1, relating to
feticide by vehicle, as follows:
"40-6-393.1.
(a)
For the purposes of this Code section, the term 'unborn child' means a member of
the species homo sapiens at any stage of development who is carried in the womb.
(b)(1)
A person commits the offense of feticide by vehicle in the first degree if he or
she causes the death of an unborn child by any injury to the mother of such
child which would be homicide by vehicle in the first degree as provided in
subsection (a), (b), or (d) of Code Section 40-6-393 if it resulted in the death
of such mother.
(2)
A person convicted of the offense of feticide by vehicle in the first degree
shall be punished by imprisonment for not less than three years nor more than 15
years.
(c)(1)
A person commits the offense of feticide by vehicle in the second degree if he
or she causes the death of an unborn child by any injury to the mother of such
child by violating any provision of this title other than Code Section 40-6-390
or 40-6-391, which would be homicide by vehicle in the second degree as provided
in subsection (c) of Code Section 40-6-393 if it resulted in the death of such
mother.
(2)
A person convicted of the offense of feticide by vehicle in the second degree
shall be punished as provided in Code Section 17-10-3."
SECTION
4.
Article
1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating
to general provisions pertaining to the registration, operation, and sale of
watercraft, is amended by revising Code Section 52-7-12.2, relating to homicide
by vessel, as follows:
"52-7-12.2.
(a)
Any person who, without malice aforethought, causes the death of another person
through the violation of subsection (j) of Code Section 52-7-8.2, Code Section
52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, or subsection (c)
of Code Section 52-7-25 commits the offense of homicide by vessel in the first
degree. A person convicted under this subsection shall be guilty of a felony
and shall be punished by imprisonment for not less than three years nor more
than 15 years.
(b)
Any operator of a vessel who, without malice aforethought, causes a collision or
accident which causes the death of another person and leaves the scene of the
collision or accident in violation of subsection (a) of Code Section 52-7-14
commits the offense of homicide by vessel in the first degree and, upon
conviction thereof, shall be punished by imprisonment for not less than three
years nor more than 15 years.
(c)
Any person who causes the death of another person, without an intention to do
so, by violating any provision of this title other than subsection (j) of Code
Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code
Section 52-7-13, subsection (a) of Code Section 52-7-14, or subsection (c) of
Code Section 52-7-25 commits the offense of homicide by vessel in the second
degree when such violation is the cause of said death. A person convicted under
this subsection shall be guilty of a misdemeanor and shall be punished as
provided in Code Section 17-10-3."
SECTION
5.
Said
article is further amended by revising Code Section 52-7-12.3, relating to
feticide by vessel, as follows:
"52-7-12.3.
(a)
For the purposes of this Code section, the term 'unborn child' means a member of
the species homo sapiens at any stage of development who is carried in the
womb.
(b)(1)
A person commits the offense of feticide by vessel in the first degree if he or
she causes the death of an unborn child by any injury to the mother of such
child through the violation of subsection (j) of Code Section 52-7-8.2, Code
Section 52-7-12 or 52-7-12.1, subsection (b) of Code Section 52-7-13, subsection
(a) of Code Section 52-7-14, or subsection (c) of Code Section 52-7-25, which
would be homicide by vessel in the first degree as provided in subsection (a) or
(b) of Code Section 52-7-12.2 if it resulted in the death of such
mother.
(2)
A person convicted of the offense of feticide by vessel in the first degree
shall be guilty of a felony and shall be punished by imprisonment for not less
than three years nor more than 15 years.
(c)(1)
A person commits the offense of feticide by vessel in the second degree if he or
she causes the death of an unborn child by any injury to the mother of such
child by violating any provision of this title other than subsection (j) of Code
Section 52-7-8.2, Code Section 52-7-12 or 52-7-12.1, subsection (b) of Code
Section 52-7-13, subsection (a) of Code Section 52-7-14, or subsection (c) of
Code Section 52-7-25, which would be homicide by vessel in the second degree as
provided in subsection (c) of Code Section 52-7-12.2 if it resulted in the death
of such mother.
(2)
A person convicted of the offense of feticide by vessel in the second degree
shall be guilty of a misdemeanor and shall be punished as provided in Code
Section 17-10-3."
SECTION
6.
This
Act shall become effective on July 1, 2008, and shall apply to all offenses
committed on or after such date.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.