Bill Text: GA HB494 | 2009-2010 | Regular Session | Introduced
Bill Title: Drivers' licenses; driving while license suspended or revoked; change certain provisions
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2009-02-24 - House Second Readers [HB494 Detail]
Download: Georgia-2009-HB494-Introduced.html
09 LC
37 0863
House
Bill 494
By:
Representatives Lunsford of the
110th,
Rice of the
51st,
Geisinger of the
48th,
and Williams of the
4th
A
BILL TO BE ENTITLED
AN ACT
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 requirements; to change certain provisions relating to driving while
license is suspended or revoked; to provide for related matters; 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, 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, or a violation of Code Section 40-5-29 if such person produces in court
a license issued to such person and valid at the time of such person's arrest,
shall be
punished as provided in Code Section
40-5-121
not be guilty
of such offenses if he or she presents the court with proof of a valid driver's
license issued by this state. Any court
having jurisdiction over traffic offenses in this state shall report to the
department the name and other identifying information of any individual
convicted of driving without a license."
SECTION
2.
Said
chapter is further amended by revising subsection (a) of Code Section 40-5-121,
relating to driving while license suspended or revoked, as follows:
"(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Except when a license has been revoked under Code Section 40-5-58 as a habitual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 or a plea of nolo contendere is accepted, shall be fingerprinted and
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 at the time of the hearing such person shall not be
guilty of such offense if he or she presents the court with proof of a valid
driver's license issued by this state.
Such fingerprints, taken upon conviction, shall be forwarded to the Georgia
Crime Information Center where an identification number shall be assigned to the
individual for the purpose of tracking any future violations by the same
offender. 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."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.