08
Senate
Bill 438
By:
Senators Mullis of the 53rd, Powell of the 23rd, Thomas of the 2nd, Thomas of
the 54th, Rogers of the 21st and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 40 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, so as to revise penalties for causing serious injury due
to right of way violation resulting in a collision with a motorcyclist,
pedestrian, bicyclist, or farmer hauling agricultural products; to prohibit
causing the death of another person due to a right of way violation; to provide
a penalty for a second offense; to provide for license suspension; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
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 convicted for a second or
subsequent offense of violating Code Section 40-6-77 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, shall be suspended for 30 days. 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)
After the suspension period and the person pays a restoration fee of $60.00 or,
when processed by mail, $50.00 and submits 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
2.
Said
title is further amended by revising Code Section 40-6-77, relating to penalties
for causing serious injury due to right of way violation resulting in a
collision with a motorcyclist, pedestrian, bicyclist, or farmer hauling
agricultural products, as follows:
"40-6-77.
(a)
For purposes of this Code section, 'serious injury' shall include, but shall not
be limited to, causing bodily harm to another by depriving him or her of a
member of his or her body, by rendering a member of his or her body useless, by
seriously disfiguring his or her head or body or a member thereof, or by causing
organic brain damage which renders the body or any member thereof
useless.
(b)
Any person who causes a serious injury
or
death to another person as a result of a
collision with a motorcyclist, bicyclist, pedestrian, or farmer operating any
vehicle used to transport agricultural products, livestock, farm machinery, or
farm supplies by committing any right of way violation under this chapter when
such motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used
to transport agricultural products, livestock, farm machinery, or farm supplies
is abiding by the provisions of this title shall be guilty of a misdemeanor and
shall be
punished:
(1)
For a first offense, by a fine of not less
than $250.00 in addition to any other penalties stipulated by
law;
and
(2)
For a second or subsequent offense 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, by a
fine of not less than $500.00 nor more than $1,000.00 and imprisonment for not
less than ten days nor more than 12 months. Any fine imposed under this
paragraph shall be mandatory and shall not be suspended or waived or conditioned
upon the completion of any course or sentence. The court imposing punishment
under this paragraph shall forward a record of the disposition of the case to
the Department of Driver Services.
For
purposes of this Code section, serious injury shall include, but shall not be
limited to, causing bodily harm to another by depriving him or her of a member
of his or her body, by rendering a member of his or her body useless, by
seriously disfiguring his or her body or a member thereof, or by causing organic
brain damage which renders the body or any member thereof
useless."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.