25 LC 39 4599S
The House Committee on Motor Vehicles offers the following substitute to HB 296:
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
require the provision of equipment and the implementation of technology capable of6
verifying validity of driver's licenses in such electronic formats; to provide for related7
matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to11
issuance, expiration, and renewal of drivers' licenses, is amended by revising Code12
Section 40-5-29, relating to license to be carried and exhibited on demand, as follows:13
"40-5-29.14
(a) Every licensee shall have his or her driver's license in his or her immediate possession15
at all times when operating a motor vehicle. Any person who has a receipt issued by the16
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department reflecting issuance, renewal, replacement, or reinstatement of his or her driver's17
license in his or her immediate possession shall be considered to have such license in his18
or her immediate possession if such is confirmed to be valid by the department or through19
the Georgia Crime Information Center. The department may establish by rule and20
regulation the term of such receipt. Notwithstanding the foregoing, no receipt issued by21
the department shall be accepted as proof of such person's identity for any other purpose,22
including but not limited to proof of voter identification or proof of age for purposes of23
purchasing alcoholic beverages.24
(b)(1) Every licensee required pursuant to subsection (a) of this Code section to possess25
his or her license shall display his or her license upon the demand of a law enforcement26
officer. When records of the department indicate that a license has been issued in an27
electronic format, a law enforcement officer may demand such display be made by28
physical format. In such instances, if a law enforcement officer demands display of the29
physical format, the licensee the department has issued a licensee a license in an30
electronic format and a law enforcement officer possesses the proper equipment, such law31
enforcement officer shall accept such license upon a wireless telecommunications device32
as satisfactory proof of compliance with the requirements of this Code section. A33
licensee issued a license in an electronic format shall not be compelled to display an34
electronic format of his or her license nor release his or her wireless telecommunications35
device to the officer. A refusal to comply with such demand not only shall constitute a36
violation of this subsection but shall also give rise to a presumption of a violation of37
subsection (a) of this Code section and of Code Section 40-5-20 when such licensee38
displays the physical format of his or her license upon the demand of a law enforcement39
officer.40
(2) Any person utilizing a wireless telecommunications device to display his or her41
license in electronic format in order to comply with subsection (a) of this Code section42
shall not be considered to have consented to a search of such device by a law enforcement43
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officer. No person shall be compelled to release his or her wireless telecommunications44
device to a law enforcement officer pursuant to this Code section.45
(3) As used in For purposes of this subsection, the term 'wireless telecommunications46
device' shall have the same meaning as provided set forth in Code Section 40-6-241.47
(4) By July 1, 2027, all law enforcement officers shall acquire equipment capable of48
verifying a license issued in an electronic format.49
(c) A person convicted of a violation of subsection (a) of this Code section shall be fined50
no more than $10.00 if he or she produces in court a license theretofore issued to him or51
her and valid at the time of his or her arrest."52
SECTION 2.53
All laws and parts of laws in conflict with this Act are repealed.54
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