08 LC 34
1382
House
Bill 1119
By:
Representatives Lunsford of the
110th,
Loudermilk of the
14th,
Rice of the
51st,
and May of the
111th
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 require the reports of convictions of
driving without a license to be maintained by the Department of Driver Services;
to specify a punishment for driving without a license; to require a person
convicted of driving without a license to be fingerprinted for identification
purposes; 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
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, 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
showing the convictions of such licensee and the traffic accidents in which such
licensee has been involved shall be readily ascertainable and available for the
consideration of the department upon any 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 the requirement of having a driver´s license and the surrender
of prior drivers´ 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 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. Upon conviction of the charge of driving
without a license, the offender shall be punished under the provisions of Code
Section 40-5-121, relating to driving with a suspended license. In addition,
upon conviction of driving without a license, the offender shall be
fingerprinted for identification purposes. The fingerprints shall be forwarded
to the Georgia Crime Information Center where an identification number shall be
assigned to the fingerprints for use in detecting any future violations by the
same offender."
SECTION
3.
Said
chapter is further amended by revising subsection (a) of Code Section 40-5-121,
relating to driving while license is suspended or revoked, as
follows:
"(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 while
unlicensed, or at a time when his
or
her privilege to do so 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, 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. For the second 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 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."
SECTION
4.
This
Act shall become effective on July 1, 2008, and shall apply to all offenses
committed on or after this date.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.