07 LC 34 1025
House
Bill 336
By:
Representatives Levitas of the
82nd,
Bearden of the
68th,
Talton of the
145th,
Bridges of the
10th,
Chambers of the
81st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating
to driving under the influence of alcohol, drugs, or other intoxicating
substances, so as to increase the mandatory sentences; 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.
Code
Section 40-6-391 of the Official Code of Georgia Annotated, relating to driving
under the influence of alcohol, drugs, or other intoxicating substances, is
amended by revising subsection (c) in its entirety as follows:
"(c)
Every person convicted of violating subsection (a) of this Code section
shall:
(1)
Upon a first conviction thereof, except regarding a violation where the alcohol
concentration of the person convicted was 0.15 grams or more at the time of the
offense, be guilty of a misdemeanor and shall be punished and have a sentence
imposed as follows:
(A)
A fine of not less than $500.00 and not more than $1,000.00, which fine shall
not, except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not fewer than ten days and not more than 12 months,
which period of imprisonment may, at the sole discretion of the judge, be
suspended, stayed, or probated; provided, however, that if the alcohol
concentration of the person convicted was 0.08 grams or more at the time of the
offense, the judge may suspend, stay, or probate all but 24 hours of any term of
imprisonment imposed under this subparagraph;
(C)
Not fewer than 40 hours of community service, except that for a conviction for
violation of subsection (a) of this Code section where the person´s alcohol
concentration was less than 0.08 grams at the time of the offense, the period of
community service shall be not fewer than 30 hours;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the program;
and
(E)
If the defendant is sentenced to a period of imprisonment of fewer than 12
months, a period of probation of 12 months, less any days during which the
defendant is actually incarcerated;
(2)
Upon a:
(A)
First conviction where the alcohol concentration of the person convicted was
0.15 grams or more at the time of the offense, or
(B)
Second conviction,
shall
be guilty of a high and aggravated misdemeanor;
(3)
For a violation of subsection (a) of this Code section that also satisfies the
terms and conditions of subparagraph (A) of paragraph (2) of this subsection,
or, alternatively, that also satisfies the terms and conditions of subparagraph
(B) of paragraph (2) of this subsection, be punished as
follows:
(A)
A fine of not less than $750.00 and not more than $5,000.00, which fine shall
not, except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not fewer than ten days and not more than 12 months,
which period of imprisonment may, at the sole discretion of the judge, be
suspended, stayed, or probated, except that if the alcohol concentration of the
person convicted was 0.08 grams or more at the time of the offense, the judge
may suspend, stay, or probate all but 96 hours of any term of imprisonment
imposed under this subparagraph;
(C)
Not fewer than 80 hours of community service, except that for a conviction for
violation of this paragraph where the person´s alcohol concentration was
less than 0.08 grams at the time of the offense, the period of community service
shall be not fewer than 60 hours;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the program;
and
(E)
If the defendant is sentenced to a period of imprisonment of fewer than 12
months, a period of probation of 12 months, less any days during which the
defendant is actually incarcerated;
(4)
Upon a third or subsequent conviction thereof, be guilty of a
felony;
(5)
Upon a third violation, occurring within a ten-year period of time, as measured
from the dates of previous arrests for which a conviction was obtained or a plea
of nolo contendere was accepted to the date of the current arrest for which a
conviction is obtained or a plea of nolo contendere is accepted, be punished and
have a sentence imposed as follows:
(A)
A fine of not less than $1,000.00 nor more than $5,000.00, which fine shall not,
except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not less than one year and not more than five years,
all but 180 days of which period of imprisonment may, at the sole discretion of
the judge, be suspended, stayed or probated. The judge shall probate at least a
portion of such term of imprisonment, in accordance with subparagraph (F) of
this paragraph, thereby subjecting the offender to the provisions of Article 7
of Chapter 8 of Title 42 and to such other terms and conditions as the judge may
impose;
(C)
Not fewer than 120 days of community service;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the
program;
(E)
Undergo a clinical evaluation as defined in Code Section 40-5-1 and, if
indicated by such evaluation, completion of a substance abuse treatment program
as defined in Code Section 40-5-1; and
(F)
If the person convicted is sentenced to a period of imprisonment of fewer than
five years, a period of probation of five years, less any days during which the
defendant is actually incarcerated;
(6)
Upon a third violation, occurring after a ten-year period of time, as measured
from the dates of previous arrests for which a conviction was obtained or a plea
of nolo contendere was accepted to the date of the current arrest for which a
conviction is obtained or a plea of nolo contendere is accepted, be punished as
follows:
(A)
A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall
not, except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not less than one year and not more than three
years, all but 60 days of which period of imprisonment may, at the sole
discretion of the judge, be suspended, stayed or probated. The judge shall
probate at least a portion of such term of imprisonment, in accordance with
subparagraph (F) of this paragraph, thereby subjecting the offender to the
provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and
conditions as the judge may impose;
(C)
Not fewer than 120 days of community service;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the
program;
(E)
Undergo a clinical evaluation as defined in Code Section 40-5-1 and, if
indicated by such evaluation, completion of a substance abuse treatment program
as defined in Code Section 40-5-1; and
(F)
If the person convicted is sentenced to a period of imprisonment of fewer than
three years, a period of probation of three years, less any days during which
the defendant is actually incarcerated; and
(7)
Upon a fourth or subsequent conviction, be guilty of a felony and be punished as
follows:
(A)
A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall
not, except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not less than one year and not more than five years,
all but one year of which period of imprisonment may, at the sole discretion of
the judge, be suspended, stayed or probated. The judge shall probate at least a
portion of such term of imprisonment, in accordance with subparagraph (F) of
this paragraph, thereby subjecting the offender to the provisions of Article 7
of Chapter 8 of Title 42 and to such other terms and conditions as the judge may
impose;
(C)
Not fewer than 120 days of community service;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the
program;
(E)
Undergo a clinical evaluation as defined in Code Section 40-5-1 and, if
indicated by such evaluation, completion of a substance abuse treatment program
as defined in Code Section 40-5-1; and
(F)
If the person convicted is sentenced to a period of imprisonment for fewer than
five years, a period of probation of five years less any days during which the
defendant is actually incarcerated.
(8)
For purposes of imposing sentence, pursuant to this subsection, under the
applicable level or grade of conviction for a violation of subsection (a) of
this Code section and for purposes of imposing, pursuant to this subsection, the
applicable punishment and fine for a person convicted of violating subsection
(a) of this Code section, a violation of subsection (k) of this Code
section, occurring within a ten-year period of time of a conviction for a
violation of subsection (a) of this Code section, as measured from the dates of
arrest for which a conviction was obtained or a plea of nolo contendere was
accepted for a violation of subsection (k) of this Code section to the date of
the current arrest for which a conviction is obtained or a plea of nolo
contendere is accepted for a violation of subsection (a) of this Code section,
shall be considered a conviction for a violation of subsection (a) of this Code
section.
(9)
Any person sentenced pursuant to this subsection shall not be eligible for any
form of pardon, parole, or early release administered by the State Board of
Pardons and Paroles or for any earned time, early release, work release, leave,
or any other sentence-reducing measures under programs administered by the
Department of Corrections, the effect of which would be to reduce the sentence
imposed pursuant to this subsection that is not subject to being suspended,
stayed or probated by express provisions of this subsection, except as may be
authorized by any existing or future provisions of the Constitution of
Georgia.
(10)
For the purpose of imposing a sentence under this subsection, a plea of nolo
contendere based on a violation of this Code section shall constitute a
conviction.
(11)
Under this subsection, the term 'at the time of the offense' shall mean at any
time within three hours after the driving or being in actual physical control of
a moving vehicle from alcohol consumed before such driving or being in actual
physical control of a moving vehicle ended."
SECTION
2.
Said
Code section is further amended by revising subsection (k) in its entirety as
follows:
"(k)(1)
A person under the age of 21 shall not drive or be in actual physical control of
any moving vehicle while the person´s alcohol concentration is 0.02 grams
or more at any time within three hours after such driving or being in physical
control from alcohol consumed before such driving or being in actual physical
control ended.
(2)
Every person convicted of violating this subsection shall be guilty of a
misdemeanor upon the first conviction and shall be guilty of a high and
aggravated misdemeanor upon a second conviction and shall be punished and fined
and have sentence imposed as follows:
(A)
Upon the first conviction:
(i)
A fine of not less than $300.00 and not more than $1,000.00, which fine shall
not, except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(ii)
A period of imprisonment of not fewer than ten days and not more than 12 months,
all but 24 hours of which period of imprisonment may, at the sole discretion of
the judge, be suspended, stayed, or probated;
(iii)
Not fewer than 40 hours of community service;
(iv)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the program;
and
(v)
If the defendant is sentenced to a period of imprisonment of fewer than 12
months, a period of probation of 12 months, less any days during which the
defendant is actually incarcerated; and
(B)
Upon the second conviction:
(i)
A fine of not less than $750.00 and not more than $5,000.00, which fine shall
not, except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(ii)
A period of imprisonment of not fewer than 120 days and not more than 12 months,
all but 72 hours of which period of imprisonment may, at the sole discretion of
the judge, be suspended, stayed or probated. The judge shall probate at least a
portion of such term of imprisonment, in accordance with division (vi) of this
subparagraph, thereby subjecting the offender to the provisions of Article 7 of
Chapter 8 of Title 42 and to such other terms and conditions as the judge may
impose;
(iii)
Not fewer than 60 days of community service;
(iv)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the
program;
(v)
Undergo a clinical evaluation as defined in Code Section 40-5-1 and, if
indicated by such evaluation, completion of a substance-abuse treatment program
as defined in Code Section 40-5-1; and
(vi)
If the defendant is sentenced to a period of imprisonment of fewer than 12
months, a period of probation of 12 months, less any days during which the
defendant is actually incarcerated.
Any
term of imprisonment served under this paragraph shall be subject to the
provisions of Code Section 17-10-3.1.
(3)
Every person convicted of violating this subsection for the third and any
subsequent conviction shall be guilty of a felony and shall be punished and
fined as follows:
(A)
A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall
not, except as provided in subsection (g) of this Code section, be subject to
suspension, stay, or probation;
(B)
A period of imprisonment of not less than one year and not more than three
years, all but 120 days of which period of imprisonment may, at the sole
discretion of the judge, be suspended, stayed or probated. The judge shall
probate at least a portion of such term of imprisonment, in accordance with
subparagraph (F) of this paragraph, thereby subjecting the offender to the
provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and
conditions as the judge may impose;
(C)
Not fewer than 120 days of community service;
(D)
Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the
Department of Driver Services. The sponsor of any such program shall provide
written notice of such approval to the person upon enrollment in the
program;
(E)
Undergo a clinical evaluation as defined in Code Section 40-5-1 and, if
indicated by such evaluation, completion of a substance abuse treatment program
as defined in Code Section 40-5-1; and
(F)
If the defendant is sentenced to a period of imprisonment of fewer than three
years, a period of probation of three years less any days during which the
defendant is actually incarcerated.
(4)
Any period of community service imposed on a person under this subsection
totaling 30 days or fewer shall be completed within 120 days of the date that
the person convicted has served all time of actual incarceration after
sentencing under this subsection, and any period of community service imposed
upon such person totaling more than 30 days shall be completed within one year;
provided, however, that the court in sentencing the person convicted may shorten
the time by which such community service shall be completed.
(5)
No plea of nolo contendere shall be accepted for any person under the age of 21
charged with a violation of this Code section."
SECTION
3.
This
Act shall become effective on July 1, 2007, and shall be applied to offenses
occurring on or after that date.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.