Bill Text: GA HB554 | 2009-2010 | Regular Session | Introduced
Bill Title: Drivers' licenses; suspended or revoked; clarify a defense
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2009-02-26 - House Second Readers [HB554 Detail]
Download: Georgia-2009-HB554-Introduced.html
09 LC 35
1274
House
Bill 554
By:
Representatives Davis of the
122nd,
Greene of the
149th,
Randall of the
138th,
Bearden of the
68th,
Everson of the
106th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating
to driving while license suspended or revoked, so as to clarify a defense to
such offense requiring a valid driver's license; to provide for related matters;
to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving
while license suspended or revoked, is amended by revising subsection (a) 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Except when a license has been revoked under Code Section 40-5-58 as a habitual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
and valid at
the time of such person's arrest; provided, further, that if at the time of the
hearing, he or she presents the court with proof of a valid driver's license
issued subsequent to the arrest, such person shall be guilty of a misdemeanor
but shall not be subject to fingerprinting or the minimum mandatory fine
required by this subsection for such
offense. 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
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.