HB 135 - DUI; second offense; marked driver's license

Georgia House of Representatives - 1995/1996 Sessions

HB 135 - DUI; second offense; marked driver's license

Page Numbers - 1/ 2/ 3
Code Sections - 40-5-85/ 40-5-85
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House Comm: SJudy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/11/95 Read 1st Time 1/12/95 Read 2nd Time ---------------------------------------- Code Sections amended: 40-5-85, 40-6-391
HB 135 LC 16 3918 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Title 40 of the Official Code of Georgia Annotated, 1- 2 relating to motor vehicles and traffic, so as to provide 1- 3 that the driver's license of any person convicted of a 1- 4 second or subsequent charge of driving under the influence 1- 5 shall be distinctively marked to indicate such conviction; 1- 6 to provide for the annual renewal of a driver's license 1- 7 after a second or subsequent conviction of driving under the 1- 8 influence; to provide for the fees; to provide for appeals; 1- 9 to provide for the publication of a DUI offender's 1-10 photograph after a second conviction; to provide for related 1-11 matters; to repeal conflicting laws; and for other purposes. 1-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-13 Title 40 of the Official Code of Georgia Annotated, relating 1-14 to motor vehicles and traffic, is amended by striking Code 1-15 Section 40-5-85 which reads as follows: 1-16 "40-5-85. (Index) 1-17 Reserved.", 1-18 and inserting in lieu thereof a new Code Section 40-5-85 to 1-19 read as follows: 1-20 "40-5-85. (Index) 1-21 (a) Notwithstanding any other provision of this chapter, 1-22 any person convicted for a second time of the offense of 1-23 driving under the influence of alcohol or drugs in 1-24 violation of Code Section 40-6-391 within a five-year 1-25 period, as measured from the date of any previous arrest 1-26 for which a conviction was obtained to the date of the 1-27 current arrest for which a conviction is obtained, shall, 1-28 upon compliance with all other requirements for 1-29 reinstatement of his or her license as provided for in 1-30 this chapter, be issued a driver's license which shall 1-31 bear a red bar across the entire top of such license. 1-32 Such license shall be renewed annually for a three-year -1- (Index) LC 16 3918 2- 1 period and the renewal fees for such license shall be 2- 2 $350.00 for the first year, $250.00 for the second year, 2- 3 and $150.00 for the third year. Such renewal fees shall 2- 4 be in addition to any reinstatement fee imposed by any 2- 5 other law. Any person convicted a third time of the 2- 6 offense of driving under the influence of alcohol or drugs 2- 7 in violation of Code Section 40-6-391, as measured from 2- 8 the date of any previous arrest for which a conviction was 2- 9 obtained to the date of the current arrest for which a 2-10 conviction is obtained, shall, if otherwise qualified 2-11 under Code Section 40-5-58, be issued a probationary 2-12 license which shall bear a red bar across the entire top 2-13 of such license. Such probationary license shall be 2-14 renewed annually for such three-year period and the 2-15 renewal fees for such license shall be $750.00 for the 2-16 first year, $500.00 for the second year, and $250.00 for 2-17 the third year. Such renewal fees shall be in addition to 2-18 any other fee for initial issuance of a probationary 2-19 license. After three years any such person shall be 2-20 issued a regular driver's license at the regular fee 2-21 provided that he or she is otherwise entitled to such 2-22 license under the laws of this state. 2-23 (b) The department shall provide procedures for any person 2-24 affected by this Code section to request a reduction in 2-25 the renewal fee imposed upon a showing by such person of 2-26 extraordinary hardship." SECTION 2. 2-27 Said title is further amended by striking subsection (j) of 2-28 Code Section 40-6-391, relating to driving under the 2-29 influence of alcohol or drugs, in its entirety and inserting 2-30 in lieu thereof a new subsection (j) to read as follows: 2-31 "(j)(1) The clerk of the court in which a person is 2-32 convicted a third second time under subsection (c) of 2-33 this Code section shall cause to be published a notice 2-34 of conviction for each such person convicted. Such 2-35 notices of conviction shall be published in the manner 2-36 of legal notices in the legal organ of the county in 2-37 which such person resides or, in the case of 2-38 nonresidents, in the legal organ of the county in which 2-39 the person was convicted. Such notice of conviction 2-40 shall be one column wide by two inches long and shall 2-41 contain the photograph taken by the arresting law 2-42 enforcement agency at the time of arrest, name, and 2-43 address of the convicted person and the date, time, -2- (Index) LC 16 3918 3- 1 place of arrest, and disposition of the case and shall 3- 2 be published once in the legal organ of the appropriate 3- 3 county in the second week following such conviction or 3- 4 as soon thereafter as publication may be made. 3- 5 (2) The convicted person for which a notice of 3- 6 conviction is published pursuant to this subsection 3- 7 shall be assessed $25.00 for the cost of publication of 3- 8 such notice and such assessment shall be imposed at the 3- 9 time of conviction in addition to any other fine imposed 3-10 pursuant to this Code section. 3-11 (3) The clerk of the court, the publisher of any legal 3-12 organ which publishes a notice of conviction, and any 3-13 other person involved in the publication of an erroneous 3-14 notice of conviction shall be immune from civil or 3-15 criminal liability for such erroneous publication, 3-16 provided such publication was made in good faith." SECTION 3. 3-17 All laws and parts of laws in conflict with this Act are 3-18 repealed. -3- (Index)

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