GA
Georgia House Bill HB77

Georgia 2025-2026 Regular Session

Georgia House Bill HB77 Compare Versions

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1-25 LC 39 4765S
2-The Senate Committee on Public Safety offered the following
3-substitute to HB 77:
1+25 LC 39 4412
2+House Bill 77
3+By: Representatives Franklin of the 160
4+th
5+, Yearta of the 152
6+nd
7+, Cameron of the 1
8+st
9+, Richardson
10+of the 125
11+th
12+, and Corbett of the 174
13+th
14+
415 A BILL TO BE ENTITLED
516 AN ACT
6-To amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated,1
17+To amend Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated,
18+1
719 relating to right of way for operators of motor vehicles, so as to revise responsibilities of2
8-motor vehicle operators when encountering a funeral procession; to provide for related3
9-matters; to repeal conflicting laws; and for other purposes.4
20+motor vehicle operators when encountering a funeral procession on a two-lane highway; to3
21+provide for related matters; to repeal conflicting laws; and for other purposes.4
1022 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5
1123 SECTION 1.6
1224 Article 4 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to right7
1325 of way for operators of motor vehicles, is amended by revising Code Section 40-6-76,8
1426 relating to funeral processions, as follows:9
1527 "40-6-76.10
16-(a) As used in this Code section, a the term 'funeral procession' means an array of motor11
17-vehicles in which the:12
18-(1) Each participating motor vehicle operates with illuminated headlights; and13
19-(2)(A) The lead vehicle displays a sign, pennant, flag, or other insignia furnished by14
20-a funeral home indicating a funeral procession unless; or15
21-- 1 - 25 LC 39 4765S
22-(B) The procession is led by a state or local law enforcement vehicle and each vehicle16
23-participating in the funeral procession is operating its headlights.17
24-(b) Funeral processions shall have the right of way at intersections subject to the following18
25-conditions and exceptions:19
26-(1) Operators of motor vehicles in a funeral procession shall yield the right of way upon20
27-the approach of an authorized emergency vehicle or law enforcement vehicle giving an21
28-audible and visual signal; and22
29-(2) Operators of motor vehicles in a funeral procession shall yield the right of way when23
30-directed to do so by a traffic officer.24
31-(c) Funeral processions escorted by the police, a sheriff, or a sheriff's deputy which are led25
32-by a state or local law enforcement vehicle shall have the right of way in any street or26
33-highway through which they may pass.27
34-(d) Local governments may, by ordinance, provide for such law enforcement escort service28
35-for funeral processions and provide for the imposition of reasonable fees to defray the cost29
36-of such service.30
37-(d)(e) The operator of a vehicle not participating in a funeral procession shall not interrupt:31
38-(1) Interrupt a funeral procession except when authorized to do so by a traffic officer or32
39-when such vehicle is an authorized emergency vehicle or law enforcement vehicle giving33
40-an audible and visual signal.;34
41-(e)(2) Illuminate the headlights of a vehicle and join a funeral procession for purposes35
42-Operators of vehicles not a part of a funeral procession shall not join a funeral procession36
43-by operating their headlights for the purpose of securing the right of way granted to37
44-funeral processions by this Code section to funeral processions.; or38
45-(f)(3) Attempt The operator of a vehicle not in a funeral procession shall not attempt to39
46-pass vehicles in a funeral procession on a two-lane highway.40
47-(f) When a funeral procession is traveling upon a two-lane highway, is led by a state or41
48-local law enforcement vehicle, and the lead and rear motor vehicles in the funeral42
49-- 2 - 25 LC 39 4765S
50-procession display flashing hazard lights, the operator of a vehicle not participating in such43
51-funeral procession shall, except when otherwise directed by a traffic officer, yield the right44
52-of way and drive to a position parallel to, and as close as safe and practicable to, the45
53-right-hand curb or edge of the roadway, clear of any intersection, and stop and remain in46
54-such position until the funeral procession has passed. The provisions of this subsection47
55-shall not require the operator of a commercial motor vehicle not participating in such48
56-funeral procession to act in a manner which is contrary to the safe operation of the49
57-commercial motor vehicle; which would violate federal, state, or local law; or which would50
58-result in an unsafe condition for the operator, vehicle, vehicle load, or traveling public.51
59-(g) Any person violating subsection (d), (e), or (f) of this Code section shall be guilty of52
60-a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed53
61-$100.00.54
62-(h) Any law enforcement officer who is directing or escorting a funeral procession in this55
63-state, whether such service is provided while on duty or not, shall enjoy the same56
64-immunities from liability as the officer possesses while in the performance of other official57
65-duties."58
66-SECTION 2.59
67-All laws and parts of laws in conflict with this Act are repealed.60
28+(a) As used in this Code section, a
29+ the term 'funeral procession' means an array of motor11
30+vehicles in which the lead vehicle displays a sign, pennant, flag, or other insignia furnished12
31+by a funeral home indicating a funeral procession unless led by a state or local law13
32+enforcement vehicle and each vehicle participating in the funeral procession is operating14
33+its headlights.15
34+H. B. 77
35+- 1 - 25 LC 39 4412
36+(b) Funeral processions shall have the right of way at intersections subject to the following
37+16
38+conditions and exceptions:17
39+(1) Operators of vehicles in a funeral procession shall yield the right of way upon the18
40+approach of an authorized emergency vehicle or law enforcement vehicle giving an19
41+audible and visual signal; and20
42+(2) Operators of vehicles in a funeral procession shall yield the right of way when21
43+directed to do so by a traffic officer.22
44+(c) Funeral processions in which both the lead and rear vehicles display flashing hazard
45+23
46+lights or which are escorted by the police, a sheriff, or a sheriff's deputy shall have the right24
47+of way in any street or highway through which they may pass, and, upon any two-lane25
48+highway, the operator of every vehicle not participating in such funeral procession shall26
49+yield the right of way and shall immediately drive to a position parallel to, and as close as27
50+possible to, the right-hand edge or curb of the roadway clear of any intersection and shall28
51+stop and remain in such position until the funeral procession has passed, except when29
52+otherwise directed by a traffic officer. Local governments may, by ordinance, provide for30
53+such law enforcement escort service and provide for the imposition of reasonable fees to31
54+defray the cost of such service.32
55+(d) The operator of a vehicle not in a funeral procession shall not interrupt a funeral33
56+procession except when authorized to do so by a traffic officer or when such vehicle is an34
57+authorized emergency vehicle or law enforcement vehicle giving an audible and visual35
58+signal.36
59+(e) Operators of vehicles not a part of a funeral procession shall not join a funeral37
60+procession by operating their headlights for the purpose of securing the right of way38
61+granted by this Code section to funeral processions.39
62+(f) The operator of a vehicle not in a funeral procession shall not attempt to pass vehicles40
63+in a funeral procession on a two-lane highway.41
64+H. B. 77
65+- 2 - 25 LC 39 4412
66+(g) Any person violating subsection (d), (e), or (f) of this Code section shall be guilty of42
67+a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed43
68+$100.00.44
69+(h) Any law enforcement officer who is directing or escorting a funeral procession in this45
70+state, whether such service is provided while on duty or not, shall enjoy the same46
71+immunities from liability as the officer possesses while in the performance of other official47
72+duties."48
73+SECTION 2.49
74+All laws and parts of laws in conflict with this Act are repealed.50
75+H. B. 77
6876 - 3 -