| 5 | | - | To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1 |
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| 6 | | - | traffic, so as to require submission of proof of completion of a DUI Alcohol or Drug Use2 |
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| 7 | | - | Risk Reduction Program by certain applicants to obtain limited driving permits; to provide3 |
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| 8 | | - | that completion of such courses shall be credited toward any reinstatement requirements for4 |
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| 9 | | - | drivers whose licenses were suspended for certain offenses; to authorize written consent for5 |
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| 10 | | - | release of certain information to be obtained and transferred electronically; to revise the6 |
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| 11 | | - | authorized fee for driver improvement clinics; to revise a definition; to require intervention7 |
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| 12 | | - | components of DUI Alcohol or Drug Use Risk Reduction Programs be conducted in person;8 |
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| 13 | | - | to require certain training for clinical evaluators performing assessment components relative9 |
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| 14 | | - | to DUI Alcohol or Drug Use Risk Reduction Programs; to revise the authorized fees relative10 |
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| 15 | | - | to DUI Alcohol or Drug Use Risk Reduction Programs; to provide a sentencing court with11 |
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| 16 | | - | authority to order the installation of a device which limits the speed of a motor vehicle as part12 |
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| 17 | | - | of the punishment for conviction of the offense of reckless stunt driving; to provide for a13 |
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| 18 | | - | definition; to provide for procedures and conditions upon issuance of such orders; to provide14 |
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| 19 | | - | for notification to the Department of Revenue; to provide for a penalty; to provide for related15 |
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| 20 | | - | matters; to repeal conflicting laws; and for other purposes.16 |
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| 21 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 |
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| 22 | | - | S. B. 160 (SUB) |
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| 23 | | - | - 1 - 25 LC 39 4778S |
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| 24 | | - | SECTION 1.18 |
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| 25 | | - | Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is19 |
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| 26 | | - | amended in Code Section 40-5-1, relating to definitions relative to drivers' licenses, by20 |
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| 27 | | - | revising paragraph (10) as follows:21 |
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| 28 | | - | "(10) 'Intervention component' means a program which delivers in-person therapeutic22 |
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| 29 | | - | education about alcohol and drug use and driving and peer group counseling concerning23 |
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| 30 | | - | alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum24 |
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| 31 | | - | approved and certified by the department for the DUI Alcohol or Drug Use Risk25 |
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| 32 | | - | Reduction Programs under subsection (e) of Code Section 40-5-83."26 |
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| 33 | | - | SECTION 2.27 |
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| 34 | | - | Said title is further amended in Code Section 40-5-64, relating to limited driving permits for28 |
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| 35 | | - | certain offenders, by revising subsection (a) and adding a new subsection to read as follows:29 |
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| 36 | | - | "(a) To whom issued.30 |
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| 37 | | - | (1) Notwithstanding any contrary provision of this Code section or Code31 |
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| 38 | | - | 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 |
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| 39 | | - | not been previously convicted or adjudicated delinquent for a violation of Code33 |
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| 40 | | - | Section 40-6-391 within five years, as measured from the dates of previous arrests for34 |
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| 41 | | - | which convictions were obtained or pleas of nolo contendere were accepted to the date35 |
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| 42 | | - | of the current arrest, may apply for a limited driving permit when that person's driver's36 |
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| 43 | | - | license has been suspended in accordance with:37 |
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| 44 | | - | (A) Code Section 40-5-54.1 and upon receipt of a record of such from a court or the38 |
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| 45 | | - | agency within the Department of Human Services which is responsible for enforcing39 |
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| 46 | | - | orders for child support;40 |
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| 47 | | - | (B) Subsection (d) of Code Section 40-5-57;41 |
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| 48 | | - | (C) Paragraph (1) of subsection (a) of Code Section 40-5-57.2;42 |
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| 49 | | - | (D) Paragraph (1) of subsection (a) of Code Section 40-5-63;43 |
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| 50 | | - | S. B. 160 (SUB) |
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| 51 | | - | - 2 - 25 LC 39 4778S |
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| 52 | | - | (E) Paragraph (1) of subsection (a) of Code Section 40-5-67.2 and upon submission of44 |
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| 53 | | - | proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program;45 |
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| 54 | | - | (F) Subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or46 |
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| 55 | | - | older and his or her license was suspended for exceeding the speed limit by 24 miles47 |
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| 56 | | - | per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her48 |
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| 57 | | - | discretion, decides it is reasonable to issue a limited driving permit; or49 |
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| 58 | | - | (G) Paragraph (1) of subsection (a) of Code Section 40-5-75.50 |
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| 59 | | - | (2) No person who has been granted an exemption from the ignition interlock device51 |
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| 60 | | - | requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under52 |
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| 61 | | - | Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock53 |
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| 62 | | - | device limited driving permit, or any other driving privilege for a period of one year.54 |
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| 63 | | - | (3) To the extent a person is subject to more than one suspension for which a limited55 |
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| 64 | | - | driving permit may be issued, the department shall not issue such permit unless the56 |
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| 65 | | - | suspensions are for a conviction for driving under the influence in violation of Code57 |
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| 66 | | - | Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative58 |
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| 67 | | - | suspension imposed pursuant to paragraph (1) of subsection (a) of Code59 |
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| 68 | | - | Section 40-5-67.2 arising from the same incident."60 |
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| 69 | | - | "(e.1) Credit. The department shall credit any DUI Alcohol or Drug Use Risk Reduction61 |
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| 70 | | - | Program completed to obtain a permit pursuant to this Code section toward the62 |
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| 71 | | - | requirements of Code Sections 40-5-57.1, 40-5-63, and 40-5-67.2 relating to such course."63 |
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| 72 | | - | SECTION 3.64 |
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| 73 | | - | Said title is further amended in Code Section 40-5-82, relating to administration of driver65 |
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| 74 | | - | improvement clinic program and DUI Alcohol or Drug Use Risk Reduction Program, by66 |
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| 75 | | - | revising subsection (d) as follows:67 |
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| 76 | | - | "(d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not68 |
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| 77 | | - | limited to, assessment results and other components attended shall be confidential and shall69 |
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| 78 | | - | S. B. 160 (SUB) |
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| 79 | | - | - 3 - 25 LC 39 4778S |
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| 80 | | - | not be released without the written consent of the DUI offender, except that such records70 |
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| 81 | | - | shall be made available to the Department of Behavioral Health and Developmental71 |
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| 82 | | - | Disabilities and the Department of Driver Services. The written consent required by this72 |
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| 83 | | - | subsection may be obtained and transferred in electronic format. The provision of73 |
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| 84 | | - | assessments to the Department of Behavioral Health and Developmental Disabilities shall74 |
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| 85 | | - | be according to an interagency agreement between the Department of Driver Services and75 |
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| 86 | | - | the Department of Behavioral Health and Developmental Disabilities, and the agreement76 |
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| 87 | | - | may provide for assessment fees to be transmitted to the Department of Behavioral Health77 |
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| 88 | | - | and Developmental Disabilities. No fee shall be charged by any party which provides78 |
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| 89 | | - | assessment component software for the electronic transfer of any assessment results."79 |
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| 90 | | - | SECTION 4.80 |
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| 91 | | - | Said title is further amended in Code Section 40-5-83, relating to approval and operation of81 |
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| 92 | | - | driver improvement clinics, criteria for defensive driving courses, alcohol and drug courses,82 |
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| 93 | | - | and driving under the influence risk reduction programs, by revising subsections (a) and (e)83 |
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| 94 | | - | and adding a new subsection to read as follows:84 |
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| 95 | | - | "(a)(1) The commissioner shall establish criteria for the approval of driver improvement85 |
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| 96 | | - | clinics. To be approved, a clinic shall provide and operate a defensive driving course. 86 |
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| 97 | | - | Clinics shall be composed of uniform education and training programs consisting of six87 |
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| 98 | | - | hours of instruction designed for the rehabilitation of problem drivers. The commissioner88 |
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| 99 | | - | shall establish standards and requirements concerning the contents of defensive driving89 |
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| 100 | | - | courses, qualifications of instructors, attendance requirements for students, and90 |
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| 101 | | - | examinations. Approved clinics shall charge a fee of $95.00 $125.00 for a defensive91 |
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| 102 | | - | driving course, except that such clinics may charge different fees of their own choosing92 |
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| 103 | | - | if the person is not enrolling in such course pursuant to court order or department93 |
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| 104 | | - | requirement. No clinic shall be approved unless such clinic agrees in writing to allow the94 |
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| 105 | | - | examination and audit of the books, records, and financial statements of such clinic. 95 |
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| 106 | | - | S. B. 160 (SUB) |
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| 107 | | - | - 4 - 25 LC 39 4778S |
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| 108 | | - | Clinics may be operated by any individual, partnership, or corporation. Nothing in this96 |
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| 109 | | - | paragraph shall be construed to affect in any way driving programs established for97 |
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| 110 | | - | purposes of insurance premium reductions under the provisions of Code Section 33-9-42.98 |
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| 111 | | - | (2)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any99 |
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| 112 | | - | business under any name that is like or deceptively similar to any name used by any100 |
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| 113 | | - | other driver improvement clinic, Georgia company, or Georgia corporation registered101 |
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| 114 | | - | with the Secretary of State. This subparagraph shall not prohibit the franchising or102 |
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| 115 | | - | licensing of any part or all of the name of a driver improvement clinic by the owner or103 |
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| 116 | | - | the rights thereof to another licensed driver improvement clinic.104 |
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| 117 | | - | (B) This paragraph shall not prohibit the franchising or licensing of any part or all of105 |
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| 118 | | - | the name of a clinic by the owner of the rights therein to another licensed driver106 |
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| 119 | | - | improvement clinic."107 |
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| 120 | | - | "(e)(1) The department is designated as the agency responsible for establishing criteria108 |
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| 121 | | - | for the certification of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant109 |
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| 122 | | - | shall meet the certification criteria promulgated by the department through its standards110 |
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| 123 | | - | and shall provide assessment component services and intervention component services. 111 |
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| 124 | | - | A certified DUI Alcohol or Drug Use Risk Reduction Program shall require that a risk112 |
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| 125 | | - | assessment component be conducted prior to administering the intervention component113 |
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| 126 | | - | of such program. A certified DUI Alcohol or Drug Use Risk Reduction Program may114 |
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| 127 | | - | include a clinical evaluation component after an individual completes risk assessment and115 |
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| 128 | | - | intervention services. Only clinical evaluators licensed by the Department of Behavioral116 |
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| 129 | | - | Health and Developmental Disabilities who have training in alcohol and drug abuse117 |
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| 130 | | - | evaluation or assessment shall be qualified to conduct clinical evaluations. The118 |
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| 131 | | - | department is designated as the agency responsible for establishing rules and regulations119 |
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| 132 | | - | concerning the contents and duration of the components of DUI Alcohol or Drug Use120 |
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| 133 | | - | Risk Reduction Programs, qualifications of instructors, attendance requirements for121 |
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| 134 | | - | students, examinations, and program evaluations; provided, however, that intervention122 |
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| 135 | | - | S. B. 160 (SUB) |
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| 136 | | - | - 5 - 25 LC 39 4778S |
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| 137 | | - | components of such courses shall be conducted in-person and online courses or remote123 |
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| 138 | | - | participation platforms which provide in-person instruction shall be prohibited. Qualified124 |
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| 139 | | - | instructors shall be certified for periods of four years each, which may be renewed.125 |
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| 140 | | - | (2) Certified DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of126 |
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| 141 | | - | $100.00 for the assessment component and $235.00 for the intervention component in an127 |
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| 142 | | - | amount set forth in subsection (g) of this Code section. An additional fee for required128 |
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| 143 | | - | student program materials shall be established by the department in such an amount as129 |
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| 144 | | - | is reasonable and necessary to cover the cost of such materials.130 |
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| 145 | | - | (3) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such131 |
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| 146 | | - | program agrees in writing to submit reports as required in the rules and regulations of the132 |
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| 147 | | - | department and to allow the examination and audit of the books, records, and financial133 |
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| 148 | | - | statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department134 |
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| 149 | | - | or its authorized agent.135 |
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| 150 | | - | (4) DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public,136 |
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| 151 | | - | private, or governmental entity; provided, however, that, except as otherwise provided137 |
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| 152 | | - | in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk138 |
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| 153 | | - | Reduction Program is operated by a private entity, whether for profit or nonprofit, neither139 |
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| 154 | | - | the local county board of health nor any other governmental entity shall fund any new140 |
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| 155 | | - | programs in that area. Programs in existence prior to July 1, 1990, which are operated141 |
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| 156 | | - | by local county boards of health or any other governmental entities shall be authorized142 |
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| 157 | | - | to continue operation. New programs may be started in areas where no private DUI143 |
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| 158 | | - | Alcohol or Drug Use Risk Reduction Programs have been made available in the political144 |
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| 159 | | - | subdivision.145 |
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| 160 | | - | (5) The Department of Corrections shall be authorized to operate DUI Alcohol or Drug146 |
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| 161 | | - | Use Risk Reduction Programs in its facilities where offenders are not authorized to147 |
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| 162 | | - | participate in such programs in the community, provided that such programs meet the148 |
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| 163 | | - | certification criteria promulgated by the Department of Driver Services. All such149 |
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| 164 | | - | S. B. 160 (SUB) |
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| 165 | | - | - 6 - 25 LC 39 4778S |
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| 166 | | - | programs operated by the Department of Corrections shall be exempt from all fee150 |
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| 167 | | - | provisions established in this subsection Code section specifically including the rebate151 |
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| 168 | | - | of any fee for the costs of administration.152 |
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| 169 | | - | (6) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such153 |
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| 170 | | - | program agrees in writing to pay to the state, for the costs of administration, a fee of154 |
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| 171 | | - | $30.00 in an amount set forth in subsection (g) of this Code section for each offender155 |
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| 172 | | - | assessed, provided that nothing in this Code section shall be construed to allow the156 |
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| 173 | | - | department to retain any funds required by the Constitution to be paid into the state157 |
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| 174 | | - | treasury; and provided, further, that the department shall comply with all provisions of158 |
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| 175 | | - | Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code159 |
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| 176 | | - | Section 45-12-92, prior to expending any such miscellaneous funds."160 |
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| 177 | | - | "(g) A certified DUI Alcohol or Drug Use Risk Reduction Program shall be authorized to161 |
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| 178 | | - | charge the following fees:162 |
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| 179 | | - | (1) An assessment component fee of $100.00;163 |
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| 180 | | - | (2) An intervention component fee of $275.00; and164 |
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| 181 | | - | (3) A course enrollment fee, which shall include:165 |
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| 182 | | - | (A) A course materials fee of up to $25.00;166 |
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| 183 | | - | (B) A state administration fee of $30.00; and167 |
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| 184 | | - | (C) An assessment fee of $10.00."168 |
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| 185 | | - | SECTION 5.169 |
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| 186 | | - | Said title is further amended in Code Section 40-6-390.1, relating to reckless stunt driving,170 |
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| 187 | | - | is amended by adding a new subsection to read as follows:171 |
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| 188 | | - | "(b.1)(1) As used in this subsection, the term 'intelligent speed assistance device' means172 |
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| 189 | | - | a device designed to be installed within a motor vehicle to actively monitor and prevent173 |
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| 190 | | - | the operator from exceeding a preset speed. Such term shall not include any technology174 |
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| 191 | | - | S. B. 160 (SUB) |
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| 192 | | - | - 7 - 25 LC 39 4778S |
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| 193 | | - | provided by the motor vehicle manufacturer as a component of a motor vehicle that175 |
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| 194 | | - | controls or affects the speed of a motor vehicle.176 |
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| 195 | | - | (2) Upon conviction of a violation of this Code section and in addition to the punishment177 |
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| 196 | | - | provided for in subsection (a) of this Code section, a court shall be authorized to order178 |
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| 197 | | - | the installation of an intelligent speed assistance device upon the motor vehicle operated179 |
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| 198 | | - | by the offender during such violation when the offender is the registered owner of such180 |
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| 199 | | - | motor vehicle as shown in the records of the Department of Revenue. Such order shall181 |
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| 200 | | - | set the maximum speed limit for an intelligent speed assistance device installed upon a182 |
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| 201 | | - | motor vehicle at a speed limit of no greater than 20 percent above the posted speed limit. 183 |
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| 202 | | - | An intelligent speed assistance device shall be installed within ten days of the issuance184 |
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| 203 | | - | of such order and remain on the vehicle for a period of time ordered by the court which185 |
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| 204 | | - | shall be no less than six months. The costs relating to the installation of an intelligent186 |
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| 205 | | - | speed assistance device upon a motor vehicle and any monitoring thereof shall be borne187 |
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| 206 | | - | by the offender. Any court which orders an intelligent speed assistance device to be188 |
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| 207 | | - | placed upon a motor vehicle pursuant to this subsection shall provide the Department of189 |
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| 208 | | - | Revenue with a copy of such order. The records of the Department of Revenue shall190 |
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| 209 | | - | contain a record reflecting that the motor vehicle shall only be operated when equipped191 |
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| 210 | | - | with a functioning intelligent speed assistance device. The operation of a motor vehicle192 |
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| 211 | | - | without an intelligent speed assistance device for which an order for installation of an193 |
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| 212 | | - | intelligent speed assistance device has been issued pursuant to this subsection by the194 |
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| 213 | | - | offender issued such order shall be punished as for a misdemeanor."195 |
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| 214 | | - | SECTION 6.196 |
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| 215 | | - | All laws and parts of laws in conflict with this Act are repealed.197 |
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| 216 | | - | S. B. 160 (SUB) |
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| 217 | | - | - 8 - |
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| 8 | + | To amend Code Section 40-6-390.1 of the Official Code of Georgia Annotated, relating to |
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| 9 | + | 1 |
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| 10 | + | reckless stunt driving, so as to replace the forfeiture penalty of a motor vehicle involved in2 |
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| 11 | + | a second offense of reckless stunt driving with authority to order the installation of a device3 |
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| 12 | + | which limits the speed of such vehicle; to provide for a definition; to provide for procedures4 |
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| 13 | + | and conditions upon issuance of such orders; to provide for notification to the Department5 |
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| 14 | + | of Revenue; to provide for a penalty; to provide for related matters; to repeal conflicting6 |
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| 15 | + | laws; and for other purposes.7 |
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| 16 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 |
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| 17 | + | SECTION 1.9 |
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| 18 | + | Code Section 40-6-390.1 of the Official Code of Georgia Annotated, relating to reckless10 |
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| 19 | + | stunt driving, is amended by revising subsection (c) as follows:11 |
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| 20 | + | "(c)(1) Any motor vehicle operated by a person who has been previously convicted of |
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| 21 | + | 12 |
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| 22 | + | a violation of this Code section and who is arrested and charged with a violation of this13 |
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| 23 | + | Code section is declared to be contraband and subject to forfeiture in accordance with the14 |
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| 24 | + | procedures set forth in Chapter 16 of Title 9 As used in this subsection, the term15 |
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| 25 | + | 'intelligent speed assistance device' means a device designed to be installed within a16 |
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| 26 | + | motor vehicle to actively monitor and prevent the operator from exceeding a preset speed. 17 |
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| 27 | + | S. B. 160 |
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| 28 | + | - 1 - 25 LC 39 4601 |
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| 29 | + | Such term shall not include any technology provided by the motor vehicle manufacturer18 |
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| 30 | + | as a component of a motor vehicle that controls or affects the speed of a motor vehicle.19 |
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| 31 | + | (2) In any case where a vehicle which is the only family vehicle is determined to be20 |
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| 32 | + | subject to forfeiture, the court may, if it determines that the financial hardship to the21 |
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| 33 | + | family as a result of the forfeiture and sale outweighs the benefit to the state from such22 |
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| 34 | + | forfeiture, order the title to the vehicle transferred to such other family member who is23 |
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| 35 | + | a duly licensed operator and who requires the use of such vehicle for employment or24 |
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| 36 | + | family transportation purposes. Such transfer shall be subject to any valid liens and shall25 |
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| 37 | + | be granted only once Upon a second or subsequent conviction of a violation of this Code26 |
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| 38 | + | section, a court shall be authorized to order the installation of an intelligent speed27 |
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| 39 | + | assistance device upon the motor vehicle operated by the offender during such violation28 |
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| 40 | + | when the offender is the registered owner of such motor vehicle as shown in the records29 |
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| 41 | + | of the Department of Revenue. Such order shall set the maximum speed limit for an30 |
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| 42 | + | intelligent speed assistance device installed upon a motor vehicle at a speed limit of no31 |
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| 43 | + | greater than 70 miles per hour. An intelligent speed assistance device shall be installed32 |
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| 44 | + | within ten days of the issuance of such order and remain on the vehicle for a period of33 |
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| 45 | + | time ordered by the court which shall be no less than three months. The costs relating to34 |
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| 46 | + | the installation of an intelligent speed assistance device upon a motor vehicle and any35 |
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| 47 | + | monitoring thereof shall be borne by the offender. Any court which orders an intelligent36 |
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| 48 | + | speed assistance device to be placed upon a motor vehicle pursuant to this subsection37 |
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| 49 | + | shall provide the Department of Revenue with a copy of such order. The records of the38 |
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| 50 | + | Department of Revenue shall contain a record reflecting that the motor vehicle shall only39 |
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| 51 | + | be operated when equipped with a functioning intelligent speed assistance device. The40 |
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| 52 | + | operation of a motor vehicle without an intelligent speed assistance device for which an41 |
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| 53 | + | order for installation of an intelligent speed assistance device has been issued pursuant42 |
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| 54 | + | to this subsection by the offender issued such order shall be punished as for a43 |
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| 55 | + | misdemeanor."44 |
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| 56 | + | S. B. 160 |
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| 57 | + | - 2 - 25 LC 39 4601 |
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| 58 | + | SECTION 2. |
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| 59 | + | 45 |
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| 60 | + | All laws and parts of laws in conflict with this Act are repealed.46 |
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| 61 | + | S. B. 160 |
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| 62 | + | - 3 - |
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