25 LC 39 4778S
The House Committee on Motor Vehicles offers the following substitute to SB 160:
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1
traffic, so as to require submission of proof of completion of a DUI Alcohol or Drug Use2
Risk Reduction Program by certain applicants to obtain limited driving permits; to provide3
that completion of such courses shall be credited toward any reinstatement requirements for4
drivers whose licenses were suspended for certain offenses; to authorize written consent for5
release of certain information to be obtained and transferred electronically; to revise the6
authorized fee for driver improvement clinics; to revise a definition; to require intervention7
components of DUI Alcohol or Drug Use Risk Reduction Programs be conducted in person;8
to require certain training for clinical evaluators performing assessment components relative9
to DUI Alcohol or Drug Use Risk Reduction Programs; to revise the authorized fees relative10
to DUI Alcohol or Drug Use Risk Reduction Programs; to provide a sentencing court with11
authority to order the installation of a device which limits the speed of a motor vehicle as part12
of the punishment for conviction of the offense of reckless stunt driving; to provide for a13
definition; to provide for procedures and conditions upon issuance of such orders; to provide14
for notification to the Department of Revenue; to provide for a penalty; to provide for related15
matters; to repeal conflicting laws; and for other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17
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SECTION 1.18
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is19
amended in Code Section 40-5-1, relating to definitions relative to drivers' licenses, by20
revising paragraph (10) as follows:21
"(10) 'Intervention component' means a program which delivers in-person therapeutic22
education about alcohol and drug use and driving and peer group counseling concerning23
alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum24
approved and certified by the department for the DUI Alcohol or Drug Use Risk25
Reduction Programs under subsection (e) of Code Section 40-5-83."26
SECTION 2.27
Said title is further amended in Code Section 40-5-64, relating to limited driving permits for28
certain offenders, by revising subsection (a) and adding a new subsection to read as follows:29
"(a) To whom issued.30
(1) Notwithstanding any contrary provision of this Code section or Code31
Section 40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has32
not been previously convicted or adjudicated delinquent for a violation of Code33
Section 40-6-391 within five years, as measured from the dates of previous arrests for34
which convictions were obtained or pleas of nolo contendere were accepted to the date35
of the current arrest, may apply for a limited driving permit when that person's driver's36
license has been suspended in accordance with:37
(A) Code Section 40-5-54.1 and upon receipt of a record of such from a court or the38
agency within the Department of Human Services which is responsible for enforcing39
orders for child support;40
(B) Subsection (d) of Code Section 40-5-57;41
(C) Paragraph (1) of subsection (a) of Code Section 40-5-57.2;42
(D) Paragraph (1) of subsection (a) of Code Section 40-5-63;43
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(E) Paragraph (1) of subsection (a) of Code Section 40-5-67.2 and upon submission of44
proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program;45
(F) Subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or46
older and his or her license was suspended for exceeding the speed limit by 24 miles47
per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her48
discretion, decides it is reasonable to issue a limited driving permit; or49
(G) Paragraph (1) of subsection (a) of Code Section 40-5-75.50
(2) No person who has been granted an exemption from the ignition interlock device51
requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under52
Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock53
device limited driving permit, or any other driving privilege for a period of one year.54
(3) To the extent a person is subject to more than one suspension for which a limited55
driving permit may be issued, the department shall not issue such permit unless the56
suspensions are for a conviction for driving under the influence in violation of Code57
Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative58
suspension imposed pursuant to paragraph (1) of subsection (a) of Code59
Section 40-5-67.2 arising from the same incident."60
"(e.1) Credit. The department shall credit any DUI Alcohol or Drug Use Risk Reduction61
Program completed to obtain a permit pursuant to this Code section toward the62
requirements of Code Sections 40-5-57.1, 40-5-63, and 40-5-67.2 relating to such course."63
SECTION 3.64
Said title is further amended in Code Section 40-5-82, relating to administration of driver65
improvement clinic program and DUI Alcohol or Drug Use Risk Reduction Program, by66
revising subsection (d) as follows:67
"(d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not68
limited to, assessment results and other components attended shall be confidential and shall69
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not be released without the written consent of the DUI offender, except that such records70
shall be made available to the Department of Behavioral Health and Developmental71
Disabilities and the Department of Driver Services. The written consent required by this72
subsection may be obtained and transferred in electronic format. The provision of73
assessments to the Department of Behavioral Health and Developmental Disabilities shall74
be according to an interagency agreement between the Department of Driver Services and75
the Department of Behavioral Health and Developmental Disabilities, and the agreement76
may provide for assessment fees to be transmitted to the Department of Behavioral Health77
and Developmental Disabilities. No fee shall be charged by any party which provides78
assessment component software for the electronic transfer of any assessment results."79
SECTION 4.80
Said title is further amended in Code Section 40-5-83, relating to approval and operation of81
driver improvement clinics, criteria for defensive driving courses, alcohol and drug courses,82
and driving under the influence risk reduction programs, by revising subsections (a) and (e)83
and adding a new subsection to read as follows:84
"(a)(1) The commissioner shall establish criteria for the approval of driver improvement85
clinics. To be approved, a clinic shall provide and operate a defensive driving course. 86
Clinics shall be composed of uniform education and training programs consisting of six87
hours of instruction designed for the rehabilitation of problem drivers. The commissioner88
shall establish standards and requirements concerning the contents of defensive driving89
courses, qualifications of instructors, attendance requirements for students, and90
examinations. Approved clinics shall charge a fee of $95.00 $125.00 for a defensive91
driving course, except that such clinics may charge different fees of their own choosing92
if the person is not enrolling in such course pursuant to court order or department93
requirement. No clinic shall be approved unless such clinic agrees in writing to allow the94
examination and audit of the books, records, and financial statements of such clinic. 95
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Clinics may be operated by any individual, partnership, or corporation. Nothing in this96
paragraph shall be construed to affect in any way driving programs established for97
purposes of insurance premium reductions under the provisions of Code Section 33-9-42.98
(2)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any99
business under any name that is like or deceptively similar to any name used by any100
other driver improvement clinic, Georgia company, or Georgia corporation registered101
with the Secretary of State. This subparagraph shall not prohibit the franchising or102
licensing of any part or all of the name of a driver improvement clinic by the owner or103
the rights thereof to another licensed driver improvement clinic.104
(B) This paragraph shall not prohibit the franchising or licensing of any part or all of105
the name of a clinic by the owner of the rights therein to another licensed driver106
improvement clinic."107
"(e)(1) The department is designated as the agency responsible for establishing criteria108
for the certification of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant109
shall meet the certification criteria promulgated by the department through its standards110
and shall provide assessment component services and intervention component services. 111
A certified DUI Alcohol or Drug Use Risk Reduction Program shall require that a risk112
assessment component be conducted prior to administering the intervention component113
of such program. A certified DUI Alcohol or Drug Use Risk Reduction Program may114
include a clinical evaluation component after an individual completes risk assessment and115
intervention services. Only clinical evaluators licensed by the Department of Behavioral116
Health and Developmental Disabilities who have training in alcohol and drug abuse117
evaluation or assessment shall be qualified to conduct clinical evaluations. The118
department is designated as the agency responsible for establishing rules and regulations119
concerning the contents and duration of the components of DUI Alcohol or Drug Use120
Risk Reduction Programs, qualifications of instructors, attendance requirements for121
students, examinations, and program evaluations; provided, however, that intervention122
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components of such courses shall be conducted in-person and online courses or remote123
participation platforms which provide in-person instruction shall be prohibited. Qualified124
instructors shall be certified for periods of four years each, which may be renewed.125
(2) Certified DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of126
$100.00 for the assessment component and $235.00 for the intervention component in an127
amount set forth in subsection (g) of this Code section. An additional fee for required128
student program materials shall be established by the department in such an amount as129
is reasonable and necessary to cover the cost of such materials.130
(3) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such131
program agrees in writing to submit reports as required in the rules and regulations of the132
department and to allow the examination and audit of the books, records, and financial133
statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department134
or its authorized agent.135
(4) DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public,136
private, or governmental entity; provided, however, that, except as otherwise provided137
in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk138
Reduction Program is operated by a private entity, whether for profit or nonprofit, neither139
the local county board of health nor any other governmental entity shall fund any new140
programs in that area. Programs in existence prior to July 1, 1990, which are operated141
by local county boards of health or any other governmental entities shall be authorized142
to continue operation. New programs may be started in areas where no private DUI143
Alcohol or Drug Use Risk Reduction Programs have been made available in the political144
subdivision.145
(5) The Department of Corrections shall be authorized to operate DUI Alcohol or Drug146
Use Risk Reduction Programs in its facilities where offenders are not authorized to147
participate in such programs in the community, provided that such programs meet the148
certification criteria promulgated by the Department of Driver Services. All such149
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programs operated by the Department of Corrections shall be exempt from all fee150
provisions established in this subsection Code section specifically including the rebate151
of any fee for the costs of administration.152
(6) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such153
program agrees in writing to pay to the state, for the costs of administration, a fee of154
$30.00 in an amount set forth in subsection (g) of this Code section for each offender155
assessed, provided that nothing in this Code section shall be construed to allow the156
department to retain any funds required by the Constitution to be paid into the state157
treasury; and provided, further, that the department shall comply with all provisions of158
Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code159
Section 45-12-92, prior to expending any such miscellaneous funds."160
"(g) A certified DUI Alcohol or Drug Use Risk Reduction Program shall be authorized to161
charge the following fees:162
(1) An assessment component fee of $100.00;163
(2) An intervention component fee of $275.00; and164
(3) A course enrollment fee, which shall include:165
(A) A course materials fee of up to $25.00;166
(B) A state administration fee of $30.00; and167
(C) An assessment fee of $10.00."168
SECTION 5.169
Said title is further amended in Code Section 40-6-390.1, relating to reckless stunt driving,170
is amended by adding a new subsection to read as follows:171
"(b.1)(1) As used in this subsection, the term 'intelligent speed assistance device' means172
a device designed to be installed within a motor vehicle to actively monitor and prevent173
the operator from exceeding a preset speed. Such term shall not include any technology174
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provided by the motor vehicle manufacturer as a component of a motor vehicle that175
controls or affects the speed of a motor vehicle.176
(2) Upon conviction of a violation of this Code section and in addition to the punishment177
provided for in subsection (a) of this Code section, a court shall be authorized to order178
the installation of an intelligent speed assistance device upon the motor vehicle operated179
by the offender during such violation when the offender is the registered owner of such180
motor vehicle as shown in the records of the Department of Revenue. Such order shall181
set the maximum speed limit for an intelligent speed assistance device installed upon a182
motor vehicle at a speed limit of no greater than 20 percent above the posted speed limit. 183
An intelligent speed assistance device shall be installed within ten days of the issuance184
of such order and remain on the vehicle for a period of time ordered by the court which185
shall be no less than six months. The costs relating to the installation of an intelligent186
speed assistance device upon a motor vehicle and any monitoring thereof shall be borne187
by the offender. Any court which orders an intelligent speed assistance device to be188
placed upon a motor vehicle pursuant to this subsection shall provide the Department of189
Revenue with a copy of such order. The records of the Department of Revenue shall190
contain a record reflecting that the motor vehicle shall only be operated when equipped191
with a functioning intelligent speed assistance device. The operation of a motor vehicle192
without an intelligent speed assistance device for which an order for installation of an193
intelligent speed assistance device has been issued pursuant to this subsection by the194
offender issued such order shall be punished as for a misdemeanor."195
SECTION 6.196
All laws and parts of laws in conflict with this Act are repealed.197
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