10 LC
35 1775S
The
Senate Public Safety Committee offered the following substitute to SB
360:
A
BILL TO BE ENTITLED
AN ACT
To
establish the "Caleb Sorohan Act for Saving Lives by Preventing Texting While
Driving"; to amend Code Section 40-5-24 of the Official Code of Georgia
Annotated, relating to instruction permits, graduated licensing, related
restrictions, and temporary licenses, so as to deny eligibility for a Class D
driver's license to a person under 18 years of age who has been issued an
instruction permit if such person has committed certain offenses relating to
distracted driving; to deny eligibility for a Class C driver's license to a
person issued a Class D driver's license if such person has committed certain
offenses relating to distracted driving; to amend Article 11 of Chapter 6 of
Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous
provisions for uniform rules of the road, so as to provide that the use of a
mobile telephone for purposes unrelated to spoken communication shall not be
allowed; to provide for legislative intent; to provide for penalties; 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:
WHEREAS,
the General Assembly finds that there has been a proliferation of cellular
telephone use and that virtually every driver in Georgia now possesses such a
device; and
WHEREAS,
distractions caused by such devices, particularly the act of sending or reading
text based messages has resulted in numerous traffic accidents, injuries, and
deaths throughout our state and nation; and
WHEREAS,
young drivers are particularly susceptible to such distractions due to their
inexperience and increased willingness to take risks while driving;
and
WHEREAS,
it is the responsibility of this body to take action to protect drivers from
those who abuse their driving privilege by recklessly text messaging while
driving.
SECTION
1.
This
Act shall be known and may be cited as the "Caleb Sorohan Act for Saving Lives
by Preventing Texting While Driving."
SECTION
2.
Code
Section 40-5-24 of the Official Code of Georgia Annotated, relating to
instruction permits, graduated licensing, related restrictions, and temporary
licenses, is amended by revising paragraph (2) of subsection (a) as
follows:
"(2)
A person who has been issued an instruction permit under this subsection and has
never been issued a Class D driver's license under subsection (b) of this Code
section will become eligible for a Class D driver's license under subsection (b)
of this Code section only if such person is at least 17 years of age, has a
valid instruction permit which is not under suspension, and, for a period of not
less than 12 consecutive months prior to making application for a Class D
driver's license, has not been convicted of a violation of Code Section
40-6-391, and run or leaving the scene of an accident in violation of Code
Section 40-6-270, racing on highways or streets, using a motor vehicle in
fleeing or attempting to elude an officer, reckless driving,
or
convicted of any offense for which four or more points are assessable under
subsection (c) of Code Section
40-5-57, or a
second or subsequent conviction of driving while distracted in violation of Code
Section 40-6-241 within 12 months as measured from the dates such violations
occurred; provided, however, that a person
who is at least 16 years of age and meets all of the other qualifications of
this paragraph except for age who has completed an approved driver education
training course as provided in subsection (a.2) of Code Section 40-5-22 will be
eligible for a Class D driver's license."
SECTION
3.
Said
Code section is further amended by revising paragraph (3) of subsection (b) as
follows:
"(3)
A person who has been issued a Class D driver's license under this subsection
and has never been issued a Class C driver's license under this chapter will
become eligible for a Class C driver's license under this chapter only if such
person has a valid Class D driver's license which is not under suspension and,
for a period of not less than 12 consecutive months prior to making application
for a Class C driver's license, has not been convicted of a violation of Code
Section 40-6-391, hit and run or leaving the scene of an accident in violation
of Code Section 40-6-270, racing on highways or streets, using a motor vehicle
in fleeing or attempting to elude an officer, reckless driving,
or
convicted of any offense for which four or more points are assessable under
subsection (c) of Code Section
40-5-57, or a
second or subsequent conviction of driving while distracted in violation of Code
Section 40-6-241 within 12 months as measured from the dates such violations
occurred and is at least 18 years of
age."
SECTION
4.
Article
11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating
to miscellaneous provisions for uniform rules of the road, is amended by
revising Code Section 40-6-241, relating to requirement for drivers to exercise
due care and proper use of radios and mobile telephones, as
follows:
"40-6-241.
(a)
A driver shall exercise due care in operating a motor vehicle on the highways of
this state and shall not engage in any actions which shall distract such driver
from the safe operation of such vehicle, provided that the proper use of a
radio,
or
citizens band
radio,
or the proper
use of a mobile telephone
for purposes
of engaging in spoken communication shall
not be a violation of this Code section.
(b)
Any conviction for a violation of this Code section based on the use of a mobile
telephone for writing, sending, or reading a text based message or other purpose
unrelated to engaging in spoken communication shall be punished by a fine of not
more than $150.00."
SECTION
5.
This
Act shall become effective on July 1, 2010, and shall apply to offenses
committed on or after such date.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.