Georgia-2009-HB760-Introduced

To amend Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, so as to expand the Brain and Spinal Injury Trust Fund provisions under the Constitution of Georgia to authorize additional penalty assessments for additional violations; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Article 9 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the Brain and Spinal Injury Trust Fund, is amended by revising 15-21-140, relating to authorization of additional penalty assessments for violations involving driving under the influence, as follows:

This article is enacted pursuant to Article III, Section IX, Paragraph VI(k) of the Constitution, which provision authorizes additional penalty assessments for violations relating to driving under the influence of alcohol or drugs; operating any type of boat, vessel, or other watercraft under the influence of alcohol or drugs; reckless driving; operating a motorcycle without protective headgear; or illegally parking in a space reserved for persons with disabilities and provides that the proceeds derived therefrom may be used for the purpose of meeting the costs of care and rehabilitative services for certain citizens of this state with brain or spinal cord injuries."

Said article is further amended by revising Code Section 15-21-149, relating to fines and penalties, by adding a new subsection as follows:

"(a.1) In every case in which any court in this state shall impose a fine, which shall be construed to include costs, for any of the following offenses, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine:

(1) Violation of Code Section 52-7-12;

(2) Violation of Code Section 40-6-390;

(3) Violation of subsection (a) of Code Section 40-6-315; or

(4) Violation of subsection (a), (a.1), or (b) of Code Section 40-6-226."

This Act shall become effective on January 1, 2011, only if an amendment to the Constitution authorizing the General Assembly to provide for additional penalties or fees for offenses related to operating any type of boat or other watercraft under the influence of alcohol or drugs, reckless driving, operating a motorcycle without protective headgear, or illegally parking in a space reserved for handicapped persons and to provide for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund is ratified by the voters at the November, 2010, general election. If such an amendment is not so ratified, this Act shall not become effective and shall stand repealed on January 1, 2011.