23 LC 39 3748S
H. B. 167 (SUB)
- 1 -
House Bill 167 (COMMITTEE SUBSTITUTE)
By: Representatives Momtahan of the 17
th
, Corbett of the 174
th
, Gullett of the 19
th
, Gunter
of the 8
th
, Knight of the 134
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to
1
limited driving permits for certain offenders, so as to provide for standards for issuance of2
such permits; to provide for standards for revocation; to provide for related matters; to3
provide for an effective date; to repeal conflicting laws; and for other purposes.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
SECTION 1.6
Code Section 40-5-64 of the Official Code of Georgia Annotated, relating to limited driving7
permits for certain offenders, is amended by revising subsections (a) and (g) as follows:8
"(a) To whom issued.9
(1) Notwithstanding any contrary provision of this Code section or Code10
Section 40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has11
not been previously convicted or adjudicated delinquent for a violation of Code12
Section 40-6-391 within five years, as measured from the dates of previous arrests for13
which convictions were obtained or pleas of nolo contendere were accepted to the date14
of the current arrest, may apply for a limited driving permit when:
15
(A) That that person's driver's license has been suspended in accordance with:16 23 LC 39 3748S
H. B. 167 (SUB)
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(A) Code Section 40-5-54.1 and upon receipt of a record of such from a court or the17
agency within the Department of Human Services which is responsible for enforcing18
orders for child support;19
(i)(B) Subsection (d) of Code Section 40-5-57;20
(ii)(C) Paragraph (1) of subsection (a) of Code Section 40-5-57.2;21
(iii)(D) Paragraph (1) of subsection (a) of Code Section 40-5-63;22
(iv)(E) Paragraph (1) of subsection (a) of Code Section 40-5-67.2; or23
(v)(F) Subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age24
or older and his or her license was suspended for exceeding the speed limit by 24 miles25
per hour or more but less than 34 miles per hour;, and26
(B) The the sentencing judge, in his or her discretion, decides it is reasonable to issue27
a limited driving permit.28
(2) No person who has been granted an exemption from the ignition interlock device29
requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under30
Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock31
device limited driving permit, or any other driving privilege for a period of one year.32
(3) To the extent a person is subject to more than one suspension for which a limited33
driving permit may be issued, the department shall not issue such permit unless the34
suspensions are for a conviction for driving under the influence in violation of Code35
Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative36
suspension imposed pursuant to paragraph (1) of subsection (a) of Code37
Section 40-5-67.2 arising from the same incident."38
"(g) Revocation of limited driving permit.39
(1)(A) The department shall revoke a limited driving permit upon notice from:40
(i) A court of a conviction of the permittee for violating any state law relating to the41
movement of vehicles;42 23 LC 39 3748S
H. B. 167 (SUB)
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(ii) A court of a conviction of the permittee for violating the conditions endorsed on43
the limited driving permit; or44
(iii) A court or the agency within the Department of Human Services which is45
responsible for enforcing orders for child support that the permittee is not in46
compliance with an order for child support. Any limited driving permittee who is47
convicted of violating any state law relating to the movement of vehicles or any48
limited driving permittee who is convicted of violating the conditions endorsed on his49
or her limited driving permit shall have such permit revoked by the department.50
(B) Any court in which such conviction is had shall require such permittee to surrender51
his or her limited driving permit to the court, and the court shall forward it to the52
department within ten days after the conviction, with a copy of the conviction.53
(2) Except for revocations based upon division (1)(A)(iii) of this subsection, any Any54
person whose limited driving permit has been revoked shall not be eligible to apply for55
a driver's license until six months from the date such permit was surrendered to the56
department.57
(3) In any case of revocation of a limited driving permit pursuant to paragraph (1) of this58
subsection, the department may impose an additional period of suspension for the59
conviction upon which revocation of the permit was based."60
SECTION 2.61
This Act shall become effective on January 1, 2024.62
SECTION 3.63
All laws and parts of laws in conflict with this Act are repealed.64