08 LC 34
1419
House
Bill 924
By:
Representatives Everson of the
106th,
Rice of the
51st,
Collins of the
27th,
Talton of the
145th,
and Cox of the
102nd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-8-76.1 of the Official Code of Georgia Annotated, relating
to use of seat safety belts in passenger vehicles, so as to increase the
penalties for teenage drivers convicted of multiple violations; 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 Teenage Seatbelt Safety
Act."
SECTION
2.
Code
Section 40-8-76.1 of the Official Code of Georgia Annotated, relating to use of
safety belts in passenger vehicles, is amended by revising subsection (e) as
follows:
"(e)(1)
Except as otherwise provided in paragraphs (2)
and,
(3), and
(4) of this subsection, 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)
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 other provision of this Code section to the contrary notwithstanding, any
driver that is 15 years of age through 19 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 secure a seat safety belt and, upon conviction thereof,
shall be punished as follows:
(A)
Upon a first conviction, a fine of $25.00;
(B)
Upon a second conviction, a fine of $50.00 and a suspension of the person´s
driver´s license or permit for a period of three months;
(C)
Upon a third conviction, a fine of $75.00 and a suspension of the person´s
driver´s license or permit for a period of six months; or
(D)
Upon a fourth or subsequent conviction, a fine of $100.00 and a suspension of
the person´s driver´s license or permit for a period of one
year.
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
punishment shall forward a record of the disposition of the case of failure to
secure a seat safety belt to the Department of Driver
Services."
SECTION
3.
This
Act shall become effective on July 1, 2008.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.