07 SB15/AP
Senate
Bill 15
By:
Senators Wiles of the 37th, Rogers of the 21st, Mullis of the 53rd and Hill of
the 32nd
AS PASSED
AS PASSED
AN
ACT
To
amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to drivers´ licenses, so as to change certain provisions relating to
driver´s license requirement, surrender of prior licenses, and prohibition
of local licenses; to change certain provisions relating to driving while
license suspended or revoked; to specify punishments for driving without being
licensed; to amend Code Section 42-4-14 of the Official Code of Georgia
Annotated, relating to determination of nationality of person charged with
felony or driving under the influence and confined in a jail facility, so as to
provide for determination of nationality of person convicted of driving without
being licensed; to provide an effective date; 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 subsection (a) of Code Section
40-5-20, relating to driver´s license requirement, surrender of prior
licenses, and prohibition of local 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 violation of this subsection, except the violation of driving with an
expired license, shall be punished as provided in Code Section
40-5-121."
SECTION
2.
Said
chapter is further amended by revising Code Section 40-5-121, relating to
driving while license suspended or revoked, as follows:
"40-5-121.
(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Except when a license has been revoked under Code Section 40-5-58 as a habitual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 without being licensed as required by subsection (a) of Code Section
40-5-20 or at a time when his or her privilege to so drive 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; provided, however, that the court, within
its discretion, may suspend the period of imprisonment if at the time of the
offense the person convicted had newly established residency in this state
immediately prior to the offense, had in his or her possession a valid driver's
license issued by another state, and, for good cause shown, had not yet obtained
a driver's license issued by this state as required. For the second and third
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. For the fourth 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 felony and shall be
punished by imprisonment for not less than one year nor more than five years,
and there may be imposed in addition thereto a fine of not less than $2,500.00
nor more than $5,000.00.
(b)
The department, upon receiving a record of the conviction of any person under
this Code section upon a charge of driving a vehicle while the license of such
person was suspended, disqualified, or revoked, including suspensions under
subsection (f) of Code Section 40-5-75, shall extend the period of suspension or
disqualification for six months. The court shall be required to confiscate the
license, if applicable, and attach it to the uniform citation and forward it to
the department within ten days of conviction. The period of suspension or
disqualification provided for in this Code section shall begin on the date the
person is convicted of violating this Code section.
(c)
For purposes of pleading nolo contendere, only one nolo contendere plea will be
accepted to a charge of driving without being licensed or with a suspended or
disqualified license within a five-year period as measured from date of arrest
to date of arrest. All other nolo contendere pleas in this period will be
considered convictions. For the purpose of imposing a sentence under this
subsection, a plea of nolo contendere shall constitute a conviction. There
shall be no limited driving permit available for a suspension or
disqualification under this Code section.
(d)
Notwithstanding the limits set forth in Code Section 40-5-124 and in any
municipal charter, any municipal court of any municipality shall be authorized
to impose the punishment for a misdemeanor or misdemeanor of a high and
aggravated nature as applicable and provided for in this Code section upon a
conviction of a non-felony charge of violating this Code section or upon
conviction of violating any ordinance adopting the provisions of this Code
section."
SECTION
3.
Code
Section 42-4-14 of the Official Code of Georgia Annotated, relating to
determination of nationality of person charged with felony or driving under the
influence and confined in a jail facility, is amended by revising subsection (a)
as follows:
"(a)
When any person charged with a felony or with driving under the influence
pursuant to Code Section 40-6-391 or convicted of driving without being licensed
in violation of subsection (a) of Code Section 40-5-20 is confined, for any
period, in the jail of the county, any municipality or a jail operated by a
regional jail authority, a reasonable effort shall be made to determine the
nationality of the person so confined."
SECTION
4.
This
Act shall become effective on July 1, 2007.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.