Bill Text: GA SB41 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Traffic Offenses; person convicted of endangering a child by driving under the influence; ignition interlock device
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2012-01-09 - Senate Recommitted [SB41 Detail]
Download: Georgia-2011-SB41-Comm_Sub.html
11 LC
36 1894S
The
Senate Special Judiciary Committee offered the following substitute to SB
41:
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 define a certain term;
to require ignition interlock devices for a period of time; to provide enhanced
penalties for certain offenses; 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 adding a new Code section to read as
follows:
"40-6-391.4.
(a)
As used in this Code section, the term 'ignition interlock device' shall have
the same meaning as defined in subsection (a) of Code Section
42-8-110.
(b)
Notwithstanding any other provision of law to the contrary, the following
provisions shall apply to persons convicted of a violation of Code Section
40-6-391:
(1)
For a first conviction, the convicted person shall not be permitted to operate a
motor vehicle unless such vehicle is equipped with a functioning, certified
ignition interlock device for a period of at least six months. Before any
driving privileges are restored, the convicted person shall provide proof of
installation of such device to the extent required by subsection (a) of Code
Section 42-8-111; and
(2)
For a second and each subsequent conviction, the convicted person shall not be
permitted to operate a motor vehicle unless such vehicle is equipped with a
functioning, certified ignition interlock device for a period of at least one
year. Before any driving privileges are restored, the convicted person shall
provide proof of installation of such device to the extent required by
subsection (a) of Code Section 42-8-111.
(c)
If a person's conviction is for a violation of subsection (l) of Code Section
40-6-391, a period of six months shall be added to the time he or she is
restricted to operating a vehicle equipped with an ignition interlock device as
required by paragraphs (1) and (2) of subsection (b) of this Code
section.
(d)
If a person who refused to consent to a test under Code Section 40-5-67.1 is
subsequently convicted, a period of six months shall be added to the time he or
she is restricted to operating a vehicle equipped with an ignition interlock
device as required by paragraphs (1) and (2) of subsection (b) of this Code
section.
(e)
If a person convicted of a violation of Code Section 40-6-391 was driving with a
revoked or suspended license at the time of the offense, a period of six months
shall be added to the time he or she is restricted to operating a vehicle
equipped with an ignition interlock device as required by paragraphs (1) and (2)
of subsection (b) of this Code section.
(f)
The penalties of this Code section shall be in addition to and not in lieu of
any other penalties provided by
law."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.