07 LC
36 0438
Senate
Bill 91
By:
Senators Pearson of the 51st, Wiles of the 37th, Adelman of the 42nd, Powell of
the 23rd and Carter of the 13th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia
Annotated, relating to serious traffic offenses, so as to change provisions
relating to punishment for the offense of fleeing or attempting to elude a
pursuing police vehicle or police officer; to provide for related matters; to
provide for an effective date and for applicability; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to serious traffic offenses, is amended by revising Code Section 40-6-395,
relating to fleeing or attempting to elude a pursuing police vehicle or police
officer, as follows:
"40-6-395.
(a)
It shall be unlawful for any driver of a vehicle willfully to fail or refuse to
bring his or her vehicle to a stop or otherwise to flee or attempt to elude a
pursuing police vehicle or police officer when given a visual or an audible
signal to bring the vehicle to a stop. The signal given by the police officer
may be by hand, voice, emergency light, or siren. The officer giving such
signal shall be in uniform prominently displaying his or her badge of office,
and his or her vehicle shall be appropriately marked showing it to be an
official police vehicle.
(b)(1)
Any person violating the provisions of subsection (a) of this Code section shall
be guilty of a
felony
punishable by a fine of not more than $5,000.00 or imprisonment for not less
than one year nor more than five years or
both.
high and
aggravated misdemeanor and:
(A)
Upon conviction shall be fined not less than $500.00 nor more than $5,000.00,
which fine shall not be subject to suspension, stay, or probation and imprisoned
for not less than ten days nor more than 12 months. Any period of such
imprisonment in excess of ten days may, in the sole discretion of the judge, be
suspended, stayed, or probated;
(B)
Upon the second conviction within a ten-year period of time, 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 fined not less
than $1,000.00 nor more than $5,000.00, which fine shall not be subject to
suspension, stay, or probation and imprisoned for not less than 30 days nor more
than 12 months. Any period of such imprisonment in excess of 30 days may, in the
sole discretion of the judge, be suspended, stayed, or probated; and for
purposes of this paragraph, previous pleas of nolo contendere accepted within
such ten-year period shall constitute convictions; and
(C)
Upon the third or subsequent conviction within a ten-year period of time, 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
fined not less than $2,500.00 nor more than $5,000.00, which fine shall not be
subject to suspension, stay, or probation and imprisoned for not less than 90
days nor more than 12 months. Any period of such imprisonment in excess of 90
days may, in the sole discretion of the judge, be suspended, stayed, or
probated; and for purposes of this paragraph, previous pleas of nolo contendere
accepted within such ten-year period shall constitute convictions.
(2)
For the purpose of imposing a sentence under this subsection, a plea of nolo
contendere shall constitute a conviction.
(3)
If the payment of the fine required under paragraph (1) of this subsection will
impose an economic hardship on the defendant, the judge, at his or her sole
discretion, may order the defendant to pay such fine in installments and such
order may be enforced through a contempt proceeding or a revocation of any
probation otherwise authorized by this subsection.
(4)
Notwithstanding the limits set forth in any municipal charter, any municipal
court of any municipality shall be authorized to impose the punishments provided
for in this subsection upon a conviction of violating this subsection or upon
conviction of violating any ordinance adopting the provisions of this
subsection.
(5)(A)(2)(A)
Any person violating the provisions of subsection (a) of this Code section who,
while fleeing or attempting to elude a pursuing police vehicle or police officer
in an attempt to escape arrest for any offense other than a violation of this
chapter, operates his or her vehicle in excess of 30 miles an hour above the
posted speed limit, strikes or collides with another vehicle or a pedestrian,
flees in traffic conditions which place the general public at risk of receiving
serious injuries, or leaves the state shall be guilty of a felony punishable by
a fine of $5,000.00 or imprisonment for not less than one year nor more than
five years or both.
(B)
Following adjudication of guilt or imposition of sentence for a violation of
subparagraph (A) of this paragraph, the sentence shall not be suspended,
probated, deferred, or withheld, and the charge shall not be reduced to a lesser
offense, merged with any other offense, or served concurrently with any other
offense.
(c)
It shall be unlawful for a person:
(1)
To impersonate a sheriff, deputy sheriff, state trooper, agent of the Georgia
Bureau of Investigation, agent of the Federal Bureau of Investigation, police
officer, or any other authorized law enforcement officer by using a motor
vehicle or motorcycle designed, equipped, or marked so as to resemble a motor
vehicle or motorcycle belonging to any federal, state, or local law enforcement
agency; or
(2)
Otherwise to impersonate any such law enforcement officer in order to direct,
stop, or otherwise control traffic."
SECTION
2.
This
Act shall become effective on July 1, 2007, and shall apply with respect to
offenses committed on or after that effective date. Offenses committed prior to
that effective date shall continue to be governed by, and shall be punishable as
provided by, prior law.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.