08 LC 29
3316S
The
House Committee on Judiciary Non-civil offers the following
substitute to HB 924:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating motor
vehicles and traffic, so as to increase the penalties for teenage drivers
convicted of multiple violations of failure to use a seat safety belt; to
provide for license suspension based on certain violations relating to teenage
drivers´ failure to use seat safety belts in passenger vehicles; to provide
for a short title; 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.
This
Act shall be known and may be cited as "The Billy Foulke Seatbelt
Act."
SECTION
2.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended in Article 3 of Chapter 5, relating to cancellation,
suspension, and revocation of licenses, by adding a new Code section to read as
follows:
"40-5-57.3.
(a)
The driver´s license of any person who is at least 15 years of age but less
than 18 years of age at the time of the offense and who is convicted for a
second or subsequent offense of violating subsection (b) of Code Section
40-8-76.1 shall be suspended as provided in this Code section. The person shall
submit his or her driver´s license to the court upon conviction and the
court shall forward the driver´s license to the department.
(b)(1)
A first suspension of a driver´s license under this Code section shall be
for a period of three months.
(2)
A second suspension of a driver´s license under this Code section shall be
for a period of six months.
(3)
A third or subsequent suspension of a driver´s license under this Code
section shall be for a period of one year.
(c)
After the suspension period and the person pays a restoration fee of $60.00 or,
when processed by mail, $50.00 and, if the suspension is pursuant to paragraph
(1) of subsection (b) of this Code section, the person shall submit proof of
completing a department approved driver improvement program, the suspension
shall terminate and the department shall return the person´s driver´s
license to such person."
SECTION
3.
Said
title is further amended by revising subsection (e) of Code Section 40-8-76.1,
relating to use of safety belts in passenger vehicles, as follows:
"(e)(1)
Except as
otherwise provided in paragraphs (2) and (3) of this subsection,
a
A
person failing to comply with the requirements of subsection (b) of this Code
section shall not be guilty of any criminal act and shall not be guilty of
violating any ordinance. A violation of this Code section shall not be a moving
traffic violation for purposes of Code Section 40-5-57.
(2)
Except as
provided in paragraph (4) of this subsection,
a
A
person failing to comply with the requirements of subsection (b) of this Code
section shall be guilty of the offense of failure to wear a seat safety belt
and, upon conviction thereof, may be fined not more than
$15.00;
but, the provisions of Chapter 11 of Title 17 and any other provision of law to
the contrary notwithstanding, the costs of such prosecution shall not be taxed
nor shall any additional penalty, fee, or surcharge to a fine for such offense
be assessed against a person for conviction thereof. The court imposing such
fine shall forward a record of the disposition of the case of failure to wear a
seat safety belt to the Department of Driver
Services.
(3)
Each minor six years of age or older who is an occupant of a passenger vehicle
shall, while such passenger vehicle is being operated on a public road, street,
or highway of this state, be restrained by a seat safety belt approved under
Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger
six years of age or older fails to comply with the requirements of this
paragraph, the driver of the passenger vehicle shall be guilty of the offense of
failure to secure a seat safety belt on a minor and, upon conviction thereof,
may be fined not more than $25.00.
The court
imposing such a fine shall forward a record of the court disposition of the case
of failure to secure a seat safety belt on a minor to the Department of Driver
Services.
(4)
Any driver who is at least 15 years of age but less than 18 years of age who
fails to comply with the provisions of subsection (b) of this Code section shall
be guilty of the offense of failure to wear a seat safety belt and, upon
conviction thereof, shall be fined as follows:
(A)
Upon a first conviction, a fine of $25.00;
(B)
Upon a second conviction, a fine of $50.00;
(C)
Upon a third conviction, a fine of $75.00; or
(D)
Upon a fourth or subsequent conviction, a fine of $100.00.
(5)
Notwithstanding the provisions of Chapter 11 of Title 17 and any other provision
of law that imposes additional penalties, fees, or surcharges to be calculated
with regard to a fine, the costs of prosecuting any case under this Code section
shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine
for a violation of this Code section be assessed against a person convicted of
violating this Code section.
(6)
The court shall have continued jurisdiction over a case prosecuted under this
Code section and over the defendant and may punish the defendant for contempt in
a separate proceeding in the event that the defendant does not pay the full
amount of any fine imposed.
(7)
The court imposing a fine under this subsection shall forward a record of the
disposition of the case to the Department of Driver
Services."
SECTION
4.
This
Act shall become effective on July 1, 2008.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.