25 LC 39 4601
Senate Bill 160
By: Senators Kirkpatrick of the 32nd, Albers of the 56th, Jones of the 10th, Robertson of the
29th, Halpern of the 39th and others
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 40-6-390.1 of the Official Code of Georgia Annotated, relating to
1
reckless stunt driving, so as to replace the forfeiture penalty of a motor vehicle involved in2
a second offense of reckless stunt driving with authority to order the installation of a device3
which limits the speed of such vehicle; to provide for a definition; to provide for procedures4
and conditions upon issuance of such orders; to provide for notification to the Department5
of Revenue; to provide for a penalty; to provide for related matters; to repeal conflicting6
laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Code Section 40-6-390.1 of the Official Code of Georgia Annotated, relating to reckless10
stunt driving, is amended by revising subsection (c) as follows:11
"(c)(1) Any motor vehicle operated by a person who has been previously convicted of
12
a violation of this Code section and who is arrested and charged with a violation of this13
Code section is declared to be contraband and subject to forfeiture in accordance with the14
procedures set forth in Chapter 16 of Title 9 As used in this subsection, the term15
'intelligent speed assistance device' means a device designed to be installed within a16
motor vehicle to actively monitor and prevent the operator from exceeding a preset speed. 17
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Such term shall not include any technology provided by the motor vehicle manufacturer18
as a component of a motor vehicle that controls or affects the speed of a motor vehicle.19
(2) In any case where a vehicle which is the only family vehicle is determined to be20
subject to forfeiture, the court may, if it determines that the financial hardship to the21
family as a result of the forfeiture and sale outweighs the benefit to the state from such22
forfeiture, order the title to the vehicle transferred to such other family member who is23
a duly licensed operator and who requires the use of such vehicle for employment or24
family transportation purposes. Such transfer shall be subject to any valid liens and shall25
be granted only once Upon a second or subsequent conviction of a violation of this Code26
section, a court shall be authorized to order the installation of an intelligent speed27
assistance device upon the motor vehicle operated by the offender during such violation28
when the offender is the registered owner of such motor vehicle as shown in the records29
of the Department of Revenue. Such order shall set the maximum speed limit for an30
intelligent speed assistance device installed upon a motor vehicle at a speed limit of no31
greater than 70 miles per hour. An intelligent speed assistance device shall be installed32
within ten days of the issuance of such order and remain on the vehicle for a period of33
time ordered by the court which shall be no less than three months. The costs relating to34
the installation of an intelligent speed assistance device upon a motor vehicle and any35
monitoring thereof shall be borne by the offender. Any court which orders an intelligent36
speed assistance device to be placed upon a motor vehicle pursuant to this subsection37
shall provide the Department of Revenue with a copy of such order. The records of the38
Department of Revenue shall contain a record reflecting that the motor vehicle shall only39
be operated when equipped with a functioning intelligent speed assistance device. The40
operation of a motor vehicle without an intelligent speed assistance device for which an41
order for installation of an intelligent speed assistance device has been issued pursuant42
to this subsection by the offender issued such order shall be punished as for a43
misdemeanor."44
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SECTION 2.
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All laws and parts of laws in conflict with this Act are repealed.46
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