| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | To amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated,1 |
|---|
| 7 | 7 | | relating to speed detection devices, so as to revise provisions relative to the use of automated2 |
|---|
| 8 | 8 | | traffic enforcement safety devices in school zones; to revise standards for signs warning of3 |
|---|
| 9 | 9 | | the use of automated traffic enforcement safety devices in school zones; to repeal exceptions4 |
|---|
| 10 | 10 | | to making a case based upon use of speed detection devices; to provide for investigations5 |
|---|
| 11 | 11 | | relative to complaints and violations; to provide for penalties for misuse or unauthorized use6 |
|---|
| 12 | 12 | | of automated traffic enforcement safety devices; to authorize revocation of permits relating7 |
|---|
| 13 | 13 | | to such devices; to include civil monetary penalties collected for violations of speed limits8 |
|---|
| 14 | 14 | | enforced by automated traffic enforcement safety devices for consideration of the maximum9 |
|---|
| 15 | 15 | | percent of a law enforcement agency's budget; to provide for hearing rights upon revocation10 |
|---|
| 16 | 16 | | of permits for operation of automated traffic enforcement safety devices; to provide for11 |
|---|
| 17 | 17 | | appeal; to provide for the ability of a local government to decrease time frames for issuing12 |
|---|
| 18 | 18 | | citations for the violation of posted speed limit by ten miles per hour or more in a school13 |
|---|
| 19 | 19 | | zone through the use of automated traffic enforcement safety devices; to revise application14 |
|---|
| 20 | 20 | | procedure for a permit to operate such devices; to prohibit the assessment of late fees,15 |
|---|
| 21 | 21 | | surcharges, and taxes relating to civil monetary penalties; to provide standards for notice sent16 |
|---|
| 22 | 22 | | for imposition of a civil monetary penalty; to provide for distribution of moneys collected;17 |
|---|
| 25 | 25 | | authorize district attorneys, solicitors-general, and prosecuting attorneys to enforce civil19 |
|---|
| 26 | 26 | | monetary penalties relative to the enforcement of laws regarding speeding in a school zone20 |
|---|
| 27 | 27 | | using recorded images; to provide for related matters; to repeal conflicting laws; and for21 |
|---|
| 28 | 28 | | other purposes.22 |
|---|
| 29 | 29 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:23 |
|---|
| 30 | 30 | | SECTION 1.24 |
|---|
| 31 | 31 | | Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to25 |
|---|
| 32 | 32 | | speed detection devices, is amended in Code Section 40-14-6, relating to warning signs26 |
|---|
| 33 | 33 | | required and signage requirements, by revising subsection (c) as follows:27 |
|---|
| 34 | 34 | | "(c) In addition to the signs required under subsections (a) and (b) of this Code section,28 |
|---|
| 35 | 35 | | each law enforcement agency using an automated traffic enforcement safety device as29 |
|---|
| 36 | 36 | | provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary30 |
|---|
| 37 | 37 | | speed detection an automated traffic enforcement safety device within the an approaching31 |
|---|
| 38 | 38 | | school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly32 |
|---|
| 39 | 39 | | from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed33 |
|---|
| 40 | 40 | | in such a manner that the view of such sign is subject to being obstructed by any other34 |
|---|
| 41 | 41 | | vehicle on such highway. Automated traffic enforcement safety device warning Such signs35 |
|---|
| 42 | 42 | | shall be placed within 500 feet prior to the any warning sign announcing the reduction of36 |
|---|
| 43 | 43 | | the speed limit for the school speed zone. Such signs shall include lights which flash37 |
|---|
| 44 | 44 | | yellow in accordance with any rule or regulation established by the Department of38 |
|---|
| 45 | 45 | | Transportation when the automated traffic enforcement safety device is authorized to issue39 |
|---|
| 46 | 46 | | citations pursuant to Code Section 40-14-18. There shall be a rebuttable presumption that40 |
|---|
| 47 | 47 | | such signs are properly installed pursuant to this subsection at the time of any alleged41 |
|---|
| 48 | 48 | | violation under this article."42 |
|---|
| 50 | 50 | | SECTION 2.43 |
|---|
| 51 | 51 | | Said article is further amended by revising Code Section 40-14-8, relating to when case may44 |
|---|
| 52 | 52 | | be made and conviction had, as follows:45 |
|---|
| 53 | 53 | | "40-14-8.46 |
|---|
| 54 | 54 | | (a) No county, city, or campus officer shall be allowed to make a case based on the use of47 |
|---|
| 55 | 55 | | any speed detection device, unless the speed of the motor vehicle exceeds the posted speed48 |
|---|
| 56 | 56 | | limit by more than ten miles per hour and no conviction shall be had thereon unless such49 |
|---|
| 57 | 57 | | speed is more than ten miles per hour above the posted speed limit.50 |
|---|
| 58 | 58 | | (b) The limitations contained in subsection (a) of this Code section shall not apply in51 |
|---|
| 59 | 59 | | properly marked school zones one hour before, during, and one hour after the normal hours52 |
|---|
| 60 | 60 | | of school operation or programs for care and supervision of students before school, after53 |
|---|
| 61 | 61 | | school, or during vacation periods as provided for under Code Section 20-2-65, in properly54 |
|---|
| 62 | 62 | | marked historic districts, and in properly marked residential zones. For purposes of this55 |
|---|
| 63 | 63 | | chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be56 |
|---|
| 64 | 64 | | considered residential districts. For purposes of this Code section, the term 'historic57 |
|---|
| 65 | 65 | | district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and58 |
|---|
| 66 | 66 | | which is listed on the Georgia Register of Historic Places or as defined by ordinance59 |
|---|
| 67 | 67 | | adopted pursuant to a local constitutional amendment."60 |
|---|
| 68 | 68 | | SECTION 3.61 |
|---|
| 69 | 69 | | Said article is further amended by revising Code Section 40-14-11, relating to investigations62 |
|---|
| 70 | 70 | | by commissioner of public safety, issuance of order suspending or revoking permit, and ratio63 |
|---|
| 71 | 71 | | of speeding fines to agency's budget, as follows:64 |
|---|
| 72 | 72 | | "40-14-11.65 |
|---|
| 73 | 73 | | (a) Upon a complaint being made to the commissioner of public safety that any county,66 |
|---|
| 74 | 74 | | municipality, college, or university, or agent is employing speed detection devices for67 |
|---|
| 75 | 75 | | purposes other than the promotion of the public health, welfare, and safety or in a manner68 |
|---|
| 77 | 77 | | which violates this chapter or violates its speed detection device permit, the commissioner69 |
|---|
| 78 | 78 | | or the commissioner's designee is authorized and empowered to conduct an investigation70 |
|---|
| 79 | 79 | | into the acts and practices of such county, municipality, college, or university, or agent71 |
|---|
| 80 | 80 | | with respect to speed detection devices. If, as a result of this such investigation, the72 |
|---|
| 81 | 81 | | commissioner or the commissioner's designee finds that there is probable cause to suspend73 |
|---|
| 82 | 82 | | or revoke the speed detection device permit of such county, municipality, college, or74 |
|---|
| 83 | 83 | | university, he or she shall issue an order to that effect.75 |
|---|
| 84 | 84 | | (b) Upon the suspension or revocation of any speed detection device permit for the reasons76 |
|---|
| 85 | 85 | | set forth in this Code section, the commissioner of public safety shall notify the executive77 |
|---|
| 86 | 86 | | director of the Georgia Peace Officer Standards and Training Council of the action taken. 78 |
|---|
| 87 | 87 | | When the speed detection device is an automated traffic enforcement safety device, the79 |
|---|
| 88 | 88 | | commissioner of public safety shall send a copy of such order to the commissioner of80 |
|---|
| 89 | 89 | | transportation.81 |
|---|
| 90 | 90 | | (c) Upon receipt from the executive director of the Georgia Peace Officer Standards and82 |
|---|
| 91 | 91 | | Training Council that an a peace officer's certification to operate speed detection devices83 |
|---|
| 92 | 92 | | has been withdrawn or suspended pursuant to Code Section 35-8-12, the commissioner of84 |
|---|
| 93 | 93 | | public safety or the commissioner's designee shall suspend the speed detection device85 |
|---|
| 94 | 94 | | permit for the employing agency. The period of suspension or revocation shall be86 |
|---|
| 95 | 95 | | consistent with the action taken by the Georgia Peace Officer Standards and Training87 |
|---|
| 96 | 96 | | Council.88 |
|---|
| 97 | 97 | | (d) Upon the conclusion of an investigation pursuant to subsection (a) of this Code section,89 |
|---|
| 98 | 98 | | any agent, law enforcement agency, or governing body found to have intentionally violated90 |
|---|
| 99 | 99 | | any provision of this chapter relating to automated traffic enforcement safety devices,91 |
|---|
| 100 | 100 | | including, but not limited to, the unauthorized issuance of a civil monetary penalty for a92 |
|---|
| 101 | 101 | | violation of this title other than as provided for in this chapter, shall be assessed a fine93 |
|---|
| 102 | 102 | | of $2,500.00 for the first violation and $5,000.00 for a second violation by the94 |
|---|
| 103 | 103 | | commissioner of public safety. The commissioner of public safety shall be further95 |
|---|
| 105 | 105 | | authorized to suspend all speed detection device permits relating to the operation of96 |
|---|
| 106 | 106 | | automated traffic enforcement safety devices for a jurisdiction upon a third or subsequent97 |
|---|
| 107 | 107 | | finding of a violation of this chapter. The commissioner of public safety shall notify the98 |
|---|
| 108 | 108 | | Department of Transportation of any such suspension, and the Department of99 |
|---|
| 109 | 109 | | Transportation shall suspend the operating permit for an automated traffic enforcement100 |
|---|
| 110 | 110 | | safety device for such jurisdiction upon receipt of such notice and for a period not to101 |
|---|
| 111 | 111 | | exceed 12 months.102 |
|---|
| 112 | 112 | | (e) There shall be a rebuttable presumption that a law enforcement agency is employing103 |
|---|
| 113 | 113 | | speed detection devices for purposes other than the promotion of the public health, welfare,104 |
|---|
| 114 | 114 | | and safety if the fines or civil monetary penalties levied based on the use of speed detection105 |
|---|
| 115 | 115 | | devices for speeding offenses are equal to or greater than 35 percent of a municipal or106 |
|---|
| 116 | 116 | | county law enforcement agency's budget. For purposes of this Code section, fines collected107 |
|---|
| 117 | 117 | | for citations issued for violations of Code Section 40-6-180 shall be included when108 |
|---|
| 118 | 118 | | calculating total speeding fine revenue for the agency; provided, however, that fines for109 |
|---|
| 119 | 119 | | speeding violations exceeding 20 miles per hour over the established speed limit and civil110 |
|---|
| 120 | 120 | | monetary penalties for speeding violations issued pursuant to Code Section 40-14-18 shall111 |
|---|
| 121 | 121 | | not be considered when calculating total speeding fine revenue for the agency."112 |
|---|
| 122 | 122 | | SECTION 4.113 |
|---|
| 123 | 123 | | Said article is further amended by revising Code Section 40-14-12, relating to administrative114 |
|---|
| 124 | 124 | | hearing upon permit suspension or revocation, as follows:115 |
|---|
| 125 | 125 | | "40-14-12.116 |
|---|
| 126 | 126 | | (a) Upon issuance by the commissioner of public safety of an order suspending or117 |
|---|
| 127 | 127 | | revoking the speed detection device permit of any county, municipality, college, or118 |
|---|
| 128 | 128 | | university, the county, municipality, college, or university affected shall be afforded a119 |
|---|
| 129 | 129 | | hearing, to be held within ten days of the effective date of the order. The hearing shall be120 |
|---|
| 130 | 130 | | held before the commissioner or deputy commissioner of public safety, and, following the121 |
|---|
| 132 | 132 | | such hearing, the county, municipality, college, or university affected shall be served with122 |
|---|
| 133 | 133 | | a written decision announcing whether the permit shall remain revoked or whether it shall123 |
|---|
| 134 | 134 | | be reinstated.124 |
|---|
| 135 | 135 | | (b) Upon issuance of an order by the commissioner of transportation suspending or125 |
|---|
| 136 | 136 | | revoking an operating permit for an automated traffic enforcement safety device, the126 |
|---|
| 137 | 137 | | affected governing body shall be afforded a hearing, to be held within ten days of the127 |
|---|
| 138 | 138 | | effective date of the order. The hearing shall be held before the commissioner of128 |
|---|
| 139 | 139 | | transportation, and, following such hearing, the affected governing body shall be served129 |
|---|
| 140 | 140 | | with a written decision announcing whether the permit shall remain revoked or whether it130 |
|---|
| 141 | 141 | | shall be reinstated."131 |
|---|
| 142 | 142 | | SECTION 5.132 |
|---|
| 143 | 143 | | Said article is further amended by revising Code Section 40-14-13, relating to administrative133 |
|---|
| 144 | 144 | | and judicial appeal of decision suspending or revoking permit, as follows:134 |
|---|
| 145 | 145 | | "40-14-13.135 |
|---|
| 146 | 146 | | (a) Any county, municipality, college, or university aggrieved by a decision of the136 |
|---|
| 147 | 147 | | commissioner or deputy commissioner of public safety suspending or revoking its speed137 |
|---|
| 148 | 148 | | detection device permit may appeal that decision within 30 days of its effective date to the138 |
|---|
| 149 | 149 | | Board of Public Safety, which shall schedule a hearing with respect thereto to such hearing139 |
|---|
| 150 | 150 | | before the board. Following a hearing before the board, the county, municipality, college,140 |
|---|
| 151 | 151 | | or university affected shall be served with a written decision announcing whether the141 |
|---|
| 152 | 152 | | permit shall remain revoked or whether it shall be reinstated. An adverse decision of the142 |
|---|
| 153 | 153 | | board may be appealed by the county, municipality, college, or university to the superior143 |
|---|
| 154 | 154 | | court with appropriate jurisdiction, but the municipality, county, municipality, college, or144 |
|---|
| 155 | 155 | | university shall be denied the use of the speed detection device until after such appeal is145 |
|---|
| 156 | 156 | | decided by the court.146 |
|---|
| 158 | 158 | | (b) Any governing body aggrieved by a decision of the commissioner of transportation147 |
|---|
| 159 | 159 | | suspending or revoking its operating permit for an automated traffic enforcement safety148 |
|---|
| 160 | 160 | | device may appeal such decision within 30 days of its effective date to the superior court149 |
|---|
| 161 | 161 | | with appropriate jurisdiction; provided, however, that the governing body shall be denied150 |
|---|
| 162 | 162 | | the use of an automated traffic enforcement safety device until after such appeal is decided151 |
|---|
| 163 | 163 | | by the court."152 |
|---|
| 164 | 164 | | SECTION 6.153 |
|---|
| 165 | 165 | | Said article is further amended by revising Code Section 40-14-18, relating to enforcement154 |
|---|
| 166 | 166 | | of speed limit in school zones with recorded images, civil monetary penalty, and155 |
|---|
| 167 | 167 | | consequences for failure to pay penalty, as follows:156 |
|---|
| 168 | 168 | | "40-14-18.157 |
|---|
| 169 | 169 | | (a)(1) The speed limit within any school zone as provided for in Code Section 40-14-8158 |
|---|
| 170 | 170 | | and marked pursuant to Code Section 40-14-6 may be enforced by using photographically159 |
|---|
| 171 | 171 | | recorded images for violations which occurred only on a school day during the time in160 |
|---|
| 172 | 172 | | which instructional classes are taking place and for one hour before such classes are161 |
|---|
| 173 | 173 | | scheduled to begin and for one hour after such classes have concluded when such162 |
|---|
| 174 | 174 | | violations are in excess of ten miles per hour over the speed limit; provided, however,163 |
|---|
| 175 | 175 | | that a governing body of a county or municipality shall be authorized to enact an164 |
|---|
| 176 | 176 | | ordinance or resolution which provides for further limitations upon the hours when165 |
|---|
| 177 | 177 | | enforcement may take place than as authorized by this paragraph. Violations enforced166 |
|---|
| 178 | 178 | | pursuant to this paragraph shall be based upon the ten miles per over the reduced speed167 |
|---|
| 179 | 179 | | limit when a reduction for the speed limit for a school zone is in effect and ten miles per168 |
|---|
| 180 | 180 | | hour over the posted speed limit for the school zone when no reduced speed limit is in169 |
|---|
| 181 | 181 | | effect.170 |
|---|
| 182 | 182 | | (2) Prior to the placement of a an automated traffic enforcement safety device within a171 |
|---|
| 183 | 183 | | school zone, each school within whose school zone the governing body of the county or172 |
|---|
| 185 | 185 | | municipality whose law enforcement agency is authorized to enforce the speed limit of173 |
|---|
| 186 | 186 | | a school zone where such automated traffic enforcement safety device is to be placed and174 |
|---|
| 187 | 187 | | which holds a valid permit for the operation of speed detection devices issued by the175 |
|---|
| 188 | 188 | | Department of Public Safety pursuant to Code Section 40-14-2 shall first apply for and176 |
|---|
| 189 | 189 | | secure a permit from the Department of Transportation for the use of such automated177 |
|---|
| 190 | 190 | | traffic enforcement safety device. Such permit shall be awarded based upon need. The178 |
|---|
| 191 | 191 | | Department of Transportation shall promulgate rules and regulations for the179 |
|---|
| 192 | 192 | | implementation of this paragraph.180 |
|---|
| 193 | 193 | | (b) For the purpose of enforcement pursuant to this Code section:181 |
|---|
| 194 | 194 | | (1) The owner of a motor vehicle shall be liable for a civil monetary penalty to the182 |
|---|
| 195 | 195 | | governing body of the law enforcement agency provided for in paragraph (2) of this183 |
|---|
| 196 | 196 | | subsection authorized to enforce the speed limit within the school zone where an184 |
|---|
| 197 | 197 | | automated traffic enforcement safety device is located if such motor vehicle is found, as185 |
|---|
| 198 | 198 | | evidenced by photographically recorded images, to have been operated in disregard or186 |
|---|
| 199 | 199 | | disobedience of the posted speed limit within any a school zone and such disregard or187 |
|---|
| 200 | 200 | | disobedience was not otherwise authorized by law. The amount of such civil monetary188 |
|---|
| 201 | 201 | | penalty shall be $75.00 for a first violation and $125.00 for a second or any subsequent189 |
|---|
| 202 | 202 | | violation, in addition to fees associated with the electronic processing of such civil190 |
|---|
| 203 | 203 | | monetary penalty which shall not exceed $25.00 five percent when payment is made by191 |
|---|
| 204 | 204 | | credit card, check, or money order; provided, however, that for a period of 30 days after192 |
|---|
| 205 | 205 | | the first automated traffic enforcement safety device is introduced by a law enforcement193 |
|---|
| 206 | 206 | | agency within a school zone, the driver owner of a motor vehicle shall not be liable for194 |
|---|
| 207 | 207 | | a civil monetary penalty but shall be issued a civil warning for disregard or disobedience195 |
|---|
| 208 | 208 | | of the posted speed limit within the school zone;196 |
|---|
| 209 | 209 | | (2) A law enforcement agency authorized to enforce the speed limit of a school zone, or197 |
|---|
| 210 | 210 | | an agent working on behalf of a law enforcement agency or governing body, shall send198 |
|---|
| 211 | 211 | | by first class first-class mail in an envelope which prominently displays the name and seal199 |
|---|
| 213 | 213 | | or logo of the governing body and addressed to the owner of the motor vehicle within 30200 |
|---|
| 214 | 214 | | days after obtaining the name and address of the owner of the motor vehicle from the201 |
|---|
| 215 | 215 | | Department of Revenue or other official state agency which registers motor vehicles for202 |
|---|
| 216 | 216 | | a motor vehicle registered in another state but no later than 60 days after the date of the203 |
|---|
| 217 | 217 | | alleged violation:204 |
|---|
| 218 | 218 | | (A) A citation for the alleged violation, which shall include the date and time of the205 |
|---|
| 219 | 219 | | violation, the location of the infraction, the maximum speed at which such motor206 |
|---|
| 220 | 220 | | vehicle was traveling in photographically as evidenced by recorded images, the207 |
|---|
| 221 | 221 | | maximum speed applicable within such school zone, the civil warning or the amount208 |
|---|
| 222 | 222 | | of the civil monetary penalty imposed, and the date by which a civil monetary penalty209 |
|---|
| 223 | 223 | | shall be paid;210 |
|---|
| 224 | 224 | | (B) An image taken from the photographically recorded images showing the motor211 |
|---|
| 225 | 225 | | vehicle involved in the infraction;212 |
|---|
| 226 | 226 | | (C) A website address where photographically recorded images showing the motor213 |
|---|
| 227 | 227 | | vehicle involved in the infraction and a duplicate of the information provided for in this214 |
|---|
| 228 | 228 | | paragraph may be viewed;215 |
|---|
| 229 | 229 | | (D) A copy of a certificate sworn to or affirmed by a certified peace officer employed216 |
|---|
| 230 | 230 | | by a law enforcement agency authorized to enforce the speed limit of the school zone217 |
|---|
| 231 | 231 | | and stating that, based upon inspection of photographically recorded images, the218 |
|---|
| 232 | 232 | | owner's motor vehicle was operated in disregard or disobedience of the speed limit in219 |
|---|
| 233 | 233 | | the marked school zone and that such disregard or disobedience was not otherwise220 |
|---|
| 234 | 234 | | authorized by law;221 |
|---|
| 235 | 235 | | (E) A statement of the inference provided by paragraph (4) of this subsection and of222 |
|---|
| 236 | 236 | | the means specified therein by which such inference may be rebutted;223 |
|---|
| 237 | 237 | | (F) Information advising the owner of the motor vehicle of the manner in which224 |
|---|
| 238 | 238 | | liability as alleged in the citation may be contested through an administrative hearing225 |
|---|
| 240 | 240 | | which shall include a statement which reads: 'YOU HAVE A RIGHT TO CONTEST226 |
|---|
| 241 | 241 | | LIABILITY IN COURT'; and227 |
|---|
| 242 | 242 | | (G) A warning that failure to pay the civil monetary penalty or to contest liability in228 |
|---|
| 243 | 243 | | a timely manner as provided for in subsection (d) of this Code section shall waive any229 |
|---|
| 244 | 244 | | right to contest liability;230 |
|---|
| 245 | 245 | | (3) Proof that a motor vehicle was operated in disregard or disobedience of the speed231 |
|---|
| 246 | 246 | | limit of the marked school zone shall be as evidenced by photographically recorded232 |
|---|
| 247 | 247 | | images. A accompanied by a copy of a certificate sworn to or affirmed by a certified233 |
|---|
| 248 | 248 | | peace officer employed by a law enforcement agency and stating that, based upon234 |
|---|
| 249 | 249 | | inspection of photographically recorded images, a motor vehicle was operated in235 |
|---|
| 250 | 250 | | disregard or disobedience of the speed limit in the marked school zone and that such236 |
|---|
| 251 | 251 | | disregard or disobedience was not otherwise authorized by law shall be prima-facie237 |
|---|
| 252 | 252 | | evidence of the facts contained therein; and238 |
|---|
| 253 | 253 | | (4) Liability under this Code section shall be determined based upon a preponderance of239 |
|---|
| 254 | 254 | | the evidence. Prima-facie evidence that the motor vehicle described in the citation issued240 |
|---|
| 255 | 255 | | pursuant to this Code section was operated in violation of the speed limit of the school241 |
|---|
| 256 | 256 | | zone, together with proof that the defendant was, at the time of such violation, the242 |
|---|
| 257 | 257 | | registered owner of the motor vehicle, shall permit the trier of fact in its discretion to243 |
|---|
| 258 | 258 | | infer that such owner of the motor vehicle was the driver operator of the motor vehicle244 |
|---|
| 259 | 259 | | at the time of the alleged violation. Such an inference may be rebutted if the owner of245 |
|---|
| 260 | 260 | | the motor vehicle:246 |
|---|
| 261 | 261 | | (A) Testifies under oath in open court or submits to the court a sworn notarized247 |
|---|
| 262 | 262 | | statement that he or she was not the operator of the motor vehicle at the time of the248 |
|---|
| 263 | 263 | | alleged violation; or249 |
|---|
| 264 | 264 | | (B) Presents to the court a certified copy of a police report showing that the motor250 |
|---|
| 265 | 265 | | vehicle had been reported to the police as stolen prior to the time of the alleged251 |
|---|
| 266 | 266 | | violation.252 |
|---|
| 268 | 268 | | (c) A violation for which a civil warning or a civil monetary penalty is imposed pursuant253 |
|---|
| 269 | 269 | | to this Code section shall not be considered a moving traffic violation for the purpose of254 |
|---|
| 270 | 270 | | points assessment under Code Section 40-5-57. Such violation shall be deemed255 |
|---|
| 271 | 271 | | noncriminal, and imposition of a civil warning or civil monetary penalty pursuant to this256 |
|---|
| 272 | 272 | | Code section shall not be deemed a conviction and shall not be made a part of the operating257 |
|---|
| 273 | 273 | | record of the person upon whom such liability is imposed, nor shall it be used for any258 |
|---|
| 274 | 274 | | insurance purposes in the provision of motor vehicle insurance coverage. A civil monetary259 |
|---|
| 275 | 275 | | penalty imposed pursuant to this Code section shall not be taxed nor shall any additional260 |
|---|
| 276 | 276 | | penalty, fee, or surcharge to such penalty be assessed other than as authorized by this Code261 |
|---|
| 277 | 277 | | section.262 |
|---|
| 278 | 278 | | (d) If a person issued and mailed a citation pursuant to subsection (b) of this Code section263 |
|---|
| 279 | 279 | | fails to pay the civil monetary penalty for the violation or has not filed a police report or264 |
|---|
| 280 | 280 | | notarized statement pursuant to paragraph (4) of subsection (b) of this Code section in no265 |
|---|
| 281 | 281 | | less than 30 nor more than 60 days after such mailing as determined and noticed by the law266 |
|---|
| 282 | 282 | | enforcement agency, the agent or law enforcement agency shall send to such person by first267 |
|---|
| 283 | 283 | | class first-class mail a second notice of any unpaid civil monetary penalty, except in cases268 |
|---|
| 284 | 284 | | where there is an adjudication that no violation occurred or there is otherwise a lawful269 |
|---|
| 285 | 285 | | determination that no civil monetary penalty shall be imposed. No late fee shall be270 |
|---|
| 286 | 286 | | imposed for any unpaid civil monetary penalty imposed under this Code section. The271 |
|---|
| 287 | 287 | | second notice shall include all information required in paragraph (2) of subsection (b) of272 |
|---|
| 288 | 288 | | this Code section and shall include a new date of return by which the civil monetary273 |
|---|
| 289 | 289 | | penalty shall be paid which shall be no less than 30 days after such mailing as determined274 |
|---|
| 290 | 290 | | and noticed by the law enforcement agency. If such person notified by second notice again275 |
|---|
| 291 | 291 | | fails to pay the civil monetary penalty or file a police report or notarized statement pursuant276 |
|---|
| 292 | 292 | | to paragraph (4) of subsection (b) of this Code section by the new date of return included277 |
|---|
| 293 | 293 | | in the notice, such person shall have waived the right to contest the violation and shall be278 |
|---|
| 294 | 294 | | liable for the civil monetary penalty provided for under this Code section, except in cases279 |
|---|
| 296 | 296 | | where there is an adjudication that no violation occurred or there is otherwise a lawful280 |
|---|
| 297 | 297 | | determination that no civil monetary penalty shall be imposed.281 |
|---|
| 298 | 298 | | (e) Notices mailed by first class first-class mail pursuant to this Code section shall be282 |
|---|
| 299 | 299 | | adequate notification of the fees and penalties imposed by this Code section. No other283 |
|---|
| 300 | 300 | | notice shall be required for the purposes of this Code section.284 |
|---|
| 301 | 301 | | (f) Any court having jurisdiction over violations of subsection (a) of this Code section285 |
|---|
| 302 | 302 | | traffic laws within a jurisdiction where recorded images were produced shall have286 |
|---|
| 303 | 303 | | jurisdiction over cases arising under this subsection Code section and shall be authorized287 |
|---|
| 304 | 304 | | to impose the civil monetary penalty provided by this subsection Code section. Except as288 |
|---|
| 305 | 305 | | otherwise provided in this subsection Code section, the provisions of law governing289 |
|---|
| 306 | 306 | | jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of290 |
|---|
| 307 | 307 | | penalties otherwise applicable to violations of subsection (a) of this Code section traffic291 |
|---|
| 308 | 308 | | laws within a jurisdiction where recorded images were produced shall apply to enforcement292 |
|---|
| 309 | 309 | | under this Code section except as provided in subsection (b) of this Code section; provided,293 |
|---|
| 310 | 310 | | however, that any appeal from superior or state court shall be by application in the same294 |
|---|
| 311 | 311 | | manner as that provided by Code Section 5-6-35.295 |
|---|
| 312 | 312 | | (g) If a violation citation issued pursuant to this Code section has not been contested and296 |
|---|
| 313 | 313 | | the assessed penalty has not been paid, the agent or governing body shall send to the person297 |
|---|
| 314 | 314 | | who is the registered owner of the motor vehicle a final notice of any unpaid civil monetary298 |
|---|
| 315 | 315 | | penalty authorized by this Code section, except in cases where there is an adjudication that299 |
|---|
| 316 | 316 | | no violation occurred or there is otherwise a lawful determination that no civil monetary300 |
|---|
| 317 | 317 | | penalty shall be imposed. The notice shall inform the registered owner that the agent or301 |
|---|
| 318 | 318 | | governing body shall send a referral to the Department of Revenue if the assessed penalty302 |
|---|
| 319 | 319 | | is not paid within 30 days after the final notice was mailed and of the consequences for303 |
|---|
| 320 | 320 | | failure to pay such penalty and any late fee.304 |
|---|
| 321 | 321 | | (h) The agent or governing body shall send a the referral authorized by subsection (g) of305 |
|---|
| 322 | 322 | | this Code section to the Department of Revenue not sooner than 30 days after the final306 |
|---|
| 324 | 324 | | notice required under such subsection (g) was mailed if a violation has not been contested307 |
|---|
| 325 | 325 | | and the assessed penalty has not been paid, except in cases where there is an adjudication308 |
|---|
| 326 | 326 | | that no violation occurred or there is otherwise a lawful determination that no civil309 |
|---|
| 327 | 327 | | monetary penalty shall be imposed. The referral to the Department of Revenue shall310 |
|---|
| 328 | 328 | | include the following:311 |
|---|
| 329 | 329 | | (1) Any information known or available to the agent or governing body concerning the312 |
|---|
| 330 | 330 | | license plate number, year of registration, and the name of the owner of the motor313 |
|---|
| 331 | 331 | | vehicle;314 |
|---|
| 332 | 332 | | (2) The date on which the violation occurred;315 |
|---|
| 333 | 333 | | (3) The citation number issued for the violation; and316 |
|---|
| 334 | 334 | | (4) The date when the notice required under this Code section was mailed.317 |
|---|
| 335 | 335 | | (i) If the Department of Revenue receives a referral under subsection (h) of this Code318 |
|---|
| 336 | 336 | | section, such referral shall be entered into the motor vehicle data base database within five319 |
|---|
| 337 | 337 | | days of receipt and the Department of Revenue shall refuse to renew the registration of the320 |
|---|
| 338 | 338 | | motor vehicle unless and until the civil monetary penalty plus any late fee is paid to the321 |
|---|
| 339 | 339 | | agent or governing body.322 |
|---|
| 340 | 340 | | (j) The Department of Revenue shall remove the penalty on a vehicle registration if any323 |
|---|
| 341 | 341 | | person presents the Department of Revenue with adequate proof from the agent or324 |
|---|
| 342 | 342 | | governing body that the penalty and any late fee, if applicable, has been paid.325 |
|---|
| 343 | 343 | | (k) Recorded images made for purposes of this Code section shall not be a public record326 |
|---|
| 344 | 344 | | for purposes of Article 4 of Chapter 18 of Title 50.327 |
|---|
| 345 | 345 | | (l) A civil warning or civil monetary penalty under this Code section on the owner of a328 |
|---|
| 346 | 346 | | motor vehicle shall not be imposed if the operator of the motor vehicle was arrested or329 |
|---|
| 347 | 347 | | issued a citation and notice to appear by a certified peace officer for the same violation.330 |
|---|
| 348 | 348 | | (m) The money collected and remitted to the governing body pursuant to paragraph (1) of331 |
|---|
| 349 | 349 | | subsection (b) of this Code section shall only be used by such governing body to fund local332 |
|---|
| 350 | | - | law enforcement or public safety initiatives. This subsection shall not authorize the use of333 |
|---|
| 351 | | - | - 13 - 25 HB 651/SCSFA |
|---|
| 352 | | - | such funds for salaries of law enforcement officers or personnel and shall not preclude the334 |
|---|
| 353 | | - | appropriation of a greater amount than collected and remitted under this subsection."335 |
|---|
| 354 | | - | SECTION 7.336 |
|---|
| 355 | | - | Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code337 |
|---|
| 356 | | - | Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in338 |
|---|
| 357 | | - | counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows:339 |
|---|
| 358 | | - | "(A) In the prosecution of any violation of the laws or ordinances of such county which340 |
|---|
| 359 | | - | is within the jurisdiction of such probate court and punishable by confinement or a fine341 |
|---|
| 360 | | - | or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;"342 |
|---|
| 361 | | - | SECTION 8.343 |
|---|
| 362 | | - | Said title is further amended in Code Section 15-18-6, relating to duties of district attorney,344 |
|---|
| 363 | | - | by revising paragraph (6) as follows:345 |
|---|
| 364 | | - | "(6) To prosecute civil actions to enforce any civil penalty set forth in Code346 |
|---|
| 365 | | - | Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the347 |
|---|
| 366 | | - | prosecution or defense of which the state is interested, unless otherwise specially348 |
|---|
| 367 | | - | provided for;"349 |
|---|
| 368 | | - | SECTION 9.350 |
|---|
| 369 | | - | Said title is further amended in Code Section 15-18-66, relating to duties and authority of351 |
|---|
| 370 | | - | solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows:352 |
|---|
| 371 | | - | "(4) To prosecute civil actions to enforce any civil penalty set forth in Code353 |
|---|
| 372 | | - | Section 40-6-163 or 40-14-18 and when authorized by law to prosecute or defend any354 |
|---|
| 373 | | - | civil action in the state court in the prosecution or defense of which the state is interested,355 |
|---|
| 374 | | - | unless otherwise specially provided for;"356 |
|---|
| 375 | | - | - 14 - 25 HB 651/SCSFA |
|---|
| 376 | | - | SECTION 10.357 |
|---|
| 377 | | - | Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting358 |
|---|
| 378 | | - | attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows:359 |
|---|
| 379 | | - | "(A) In the prosecution of any violation of the laws or ordinances of such municipality360 |
|---|
| 380 | | - | which is within the jurisdiction of such municipal court and punishable by confinement361 |
|---|
| 381 | | - | or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;362 |
|---|
| 382 | | - | and"363 |
|---|
| 383 | | - | SECTION 11.364 |
|---|
| 384 | | - | All laws and parts of laws in conflict with this Act are repealed.365 |
|---|
| 350 | + | law enforcement or public traffic safety initiatives. This subsection shall not authorize the333 |
|---|
| 351 | + | - 13 - 25 LC 39 4807S |
|---|
| 352 | + | use of such funds for salaries of law enforcement officers or personnel and shall not334 |
|---|
| 353 | + | preclude the appropriation of a greater amount than collected and remitted under this335 |
|---|
| 354 | + | subsection."336 |
|---|
| 355 | + | SECTION 7.337 |
|---|
| 356 | + | Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code338 |
|---|
| 357 | + | Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in339 |
|---|
| 358 | + | counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows:340 |
|---|
| 359 | + | "(A) In the prosecution of any violation of the laws or ordinances of such county which341 |
|---|
| 360 | + | is within the jurisdiction of such probate court and punishable by confinement or a fine342 |
|---|
| 361 | + | or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;"343 |
|---|
| 362 | + | SECTION 8.344 |
|---|
| 363 | + | Said title is further amended in Code Section 15-18-6, relating to duties of district attorney,345 |
|---|
| 364 | + | by revising paragraph (6) as follows:346 |
|---|
| 365 | + | "(6) To prosecute civil actions to enforce any civil penalty set forth in Code347 |
|---|
| 366 | + | Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the348 |
|---|
| 367 | + | prosecution or defense of which the state is interested, unless otherwise specially349 |
|---|
| 368 | + | provided for;"350 |
|---|
| 369 | + | SECTION 9.351 |
|---|
| 370 | + | Said title is further amended in Code Section 15-18-66, relating to duties and authority of352 |
|---|
| 371 | + | solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows:353 |
|---|
| 372 | + | "(4) To prosecute civil actions to enforce any civil penalty set forth in Code354 |
|---|
| 373 | + | Section 40-6-163 or 40-14-18 and when authorized by law to prosecute or defend any355 |
|---|
| 374 | + | civil action in the state court in the prosecution or defense of which the state is interested,356 |
|---|
| 375 | + | unless otherwise specially provided for;"357 |
|---|
| 376 | + | - 14 - 25 LC 39 4807S |
|---|
| 377 | + | SECTION 10.358 |
|---|
| 378 | + | Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting359 |
|---|
| 379 | + | attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows:360 |
|---|
| 380 | + | "(A) In the prosecution of any violation of the laws or ordinances of such municipality361 |
|---|
| 381 | + | which is within the jurisdiction of such municipal court and punishable by confinement362 |
|---|
| 382 | + | or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;363 |
|---|
| 383 | + | and"364 |
|---|
| 384 | + | SECTION 11.365 |
|---|
| 385 | + | All laws and parts of laws in conflict with this Act are repealed.366 |
|---|