25 LC 39 4423
House Bill 296
By: Representatives Gaines of the 120
th
, Corbett of the 174
th
, Kelley of the 16
th
, Blackmon
of the 146
th
, Wiedower of the 121
st
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated,
1
relating to issuance, expiration, and renewal of drivers' licenses, so as to provide that2
presentation of a driver's license in a certain electronic format satisfies the requirement to3
possess a driver's license while operating a motor vehicle; to prohibit the compelling of a4
licensee to produce a wireless telecommunications device to a law enforcement officer; to5
provide for related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to9
issuance, expiration, and renewal of drivers' licenses, is amended by revising Code Section10
40-5-29, relating to license to be carried and exhibited on demand, as follows:11
"40-5-29.12
(a) Every licensee shall have his or her driver's license in his or her immediate possession13
at all times when operating a motor vehicle. Any person who has a receipt issued by the14
department reflecting issuance, renewal, replacement, or reinstatement of his or her driver's15
license in his or her immediate possession shall be considered to have such license in his16
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or her immediate possession if such is confirmed to be valid by the department or through
17
the Georgia Crime Information Center. The department may establish by rule and18
regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by19
the department shall be accepted as proof of such person's identity for any other purpose,20
including but not limited to proof of voter identification or proof of age for purposes of21
purchasing alcoholic beverages.22
(b)(1) Every licensee required pursuant to subsection (a) of this Code section to possess
23
his or her license shall display his or her license upon the demand of a law enforcement24
officer. When records of the department indicate that a license has been issued in an25
electronic format, a law enforcement officer may demand such display be made by26
physical format. In such instances, if a law enforcement officer demands display of the27
physical format, the licensee the department has issued a licensee a license in an28
electronic format, a law enforcement officer shall accept presentation of such license29
upon a wireless telecommunications device in a method approved by the department as30
compliance with the requirements of this Code section. A licensee issued a license in an31
electronic format shall not be compelled to display an electronic format of his or her32
license nor release his or her wireless telecommunications device to the officer. A refusal33
to comply with such demand not only shall constitute a violation of this subsection but34
shall also give rise to a presumption of a violation of subsection (a) of this Code section35
and of Code Section 40-5-20 when such licensee displays the physical format of his or36
her license upon the demand of a law enforcement officer.37
(2) Any person utilizing a wireless telecommunications device to display his or her38
license in electronic format in order to comply with subsection (a) of this Code section39
shall not be considered to have consented to a search of such device by a law enforcement40
officer. No person shall be compelled to release his or her wireless telecommunications41
device to a law enforcement officer pursuant to this Code section.42
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(3) As used in For purposes of this subsection, the term 'wireless telecommunications43
device' shall have the same meaning as provided set forth in Code Section 40-6-241.44
(c) A person convicted of a violation of subsection (a) of this Code section shall be fined45
no more than $10.00 if he or she produces in court a license theretofore issued to him or46
her and valid at the time of his or her arrest."47
SECTION 2.48
All laws and parts of laws in conflict with this Act are repealed.49
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