Bill Text: GA HB827 | 2011-2012 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-07-01 - Effective Date [HB827 Detail]
Download: Georgia-2011-HB827-Engrossed.html
Bill Title: Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-07-01 - Effective Date [HB827 Detail]
Download: Georgia-2011-HB827-Engrossed.html
12 HB
827/FA
House
Bill 827 (AM)
By:
Representatives Hembree of the
67th,
Talton of the
145th,
Purcell of the
159th,
Hanner of the
148th,
Neal of the
1st,
and others
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 modify and make more
consistent the provisions relating to fleeing or attempting to elude a pursuing
police vehicle or police officer; to modify penalties relating to traffic
offenses so as to provide for consistency in penalties for violations regardless
of the nature of the underlying criminal offense; to provide for related
matters; to provide for an effective date and 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 police officer and impersonating
law enforcement officer, as
follows:
"40-6-395.
"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 high and aggravated misdemeanor and:
(A)
Upon conviction shall be fined not less than $500.00 nor more than $5,000.00,
which
and
the 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
and
the 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
and
the 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)
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
not expressly provided for in this
paragraph:
(i)
Operates his or her vehicle in excess of 20 miles an hour above the posted speed
limit;
(ii)
Strikes or collides with another vehicle or a pedestrian;
(iii)
Flees in traffic conditions which place the general public at risk of receiving
serious injuries;
(iv)
Commits a violation of paragraph (5) of subsection (a) of Code Section 40-6-391;
or
(v)
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, 2012, and shall apply to offenses
committed on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.