07 LC 34
1038
House
Bill 414
By:
Representatives Floyd of the
147th,
Rice of the
51st,
Parrish of the
156th,
Powell of the
29th,
and Bearden of the
68th
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 direct an offender to complete the DUI Alcohol or Drug Use
Risk Reduction Program within 120 days of conviction or release from
incarceration; to provide for related matters; to provide for an effective date;
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) as follows:
"(c)
Every person convicted of violating this Code section shall, upon a first or
second conviction thereof, be guilty of a misdemeanor and, upon a third or
subsequent conviction thereof, be guilty of a high and aggravated misdemeanor
and shall be punished as follows:
(1)
First conviction with no conviction of and no plea of nolo contendere accepted
to a charge of violating this Code section within the previous 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:
(A)
A fine of not less than $300.00 nor 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 less than ten days nor 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 offender´s alcohol
concentration at the time of the offense was 0.08 grams or more, the judge may
suspend, stay, or probate all but 24 hours of any term of imprisonment imposed
under this subparagraph;
(C)
Not less than 40 hours of community service, except that for a conviction for
violation of subsection (k) of this Code section where the person´s alcohol
concentration at the time of the offense was less than 0.08 grams, the period of
community service shall be not less than 20 hours;
(D)
Completion
of
Within 120
days of conviction or release from incarceration,
complete 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 for less than 12
months, a period of probation of 12 months less any days during which the
defendant is actually incarcerated;
(2)
For the second conviction within a five-year period of time, 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:
(A)
A fine of not less than $600.00 nor 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 less than 90 days nor more than 12 months. 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; provided, however, that the
offender shall be required to serve not less than 72 hours of actual
incarceration;
(C)
Not less than 30 days of community service;
(D)
Completion
of
Within 120
days of conviction or release from incarceration,
complete 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)
Undergoing 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)
A period of probation of 12 months less any days during which the defendant is
actually incarcerated; or
(3)
For the third or subsequent conviction within a five-year period of time, 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:
(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 mandatory period of imprisonment of not less than 120 days nor more than 12
months. 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; provided, however, that the
offender shall be required to serve not less than 15 days of actual
incarceration;
(C)
Not less than 30 days of community service;
(D)
Completion
of
Within 120
days of conviction or release from incarceration,
complete 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)
Undergoing 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)
A period of probation of 12 months less any days during which the defendant is
actually incarcerated.
For
the purpose of imposing a sentence under this subsection, a plea of nolo
contendere or an adjudication of delinquency based on a violation of this Code
section shall constitute a conviction."
SECTION
2.
This
Act shall become effective on July 1, 2007, and apply to offenses committed on
or after that date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.