25 LC 39 4518
Senate Bill 296
By: Senators Anavitarte of the 31st and Strickland of the 42nd
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to
1
uniform rules of the road, so as to establish the offense of operation of a school bus while2
under the influence of alcohol or drugs; to establish the offense of endangering school bus3
occupants while under the influence of alcohol or drugs; to provide for penalties; to provide4
for conforming changes; to provide for related matters; to repeal conflicting laws; and for5
other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules9
of the road, is amended in Code Section 40-6-291, relating to traffic laws applicable to10
bicycles, operation upon paved shoulder, and signaling of right hand turns, by revising11
subsection (a) as follows:12
"(a) The provisions of this chapter that apply to vehicles, but not exclusively to motor13
vehicles, shall apply to bicycles, except as provided in this Code section and except that14
the penalties prescribed in subsection (b) of Code Section 40-6-390, subsection(c) of
Code15
S. B. 296
- 1 - 25 LC 39 4518
Section 40-6-391, and subsection (a) of Code Section 40-6-393 shall not apply to persons
16
riding bicycles."17
SECTION 2.18
Said chapter is further amended in Code Section 40-6-391, relating to driving under the19
influence of alcohol, drugs, or other intoxicating substances, penalties, publication of notice20
of conviction for persons convicted for second time, and endangering a child, by adding new21
subsections to read as follows:22
"(m) A school bus driver licensed pursuant to Article 7 of Chapter 5 of this title who
23
violates subsection (a) of this Code section while driving a school bus is guilty of the24
offense of operation of a school bus while under the influence of alcohol or drugs and shall25
upon conviction thereof be punished by imprisonment for a period of not less than one year26
nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00,27
or both. For the purposes of prosecution and sentencing an offense of this subsection shall28
not be merged with an offense of subsection (a) of this Code section.29
(n) A person who violates subsection (a) of this Code section while causing an accident30
that results in damage to an occupied school bus is guilty of the offense of endangering31
school bus occupants while under the influence of alcohol or drugs and shall upon32
conviction thereof be punished by imprisonment for a period of not less than one year nor33
more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or34
both; provided, however, that the first 90 days of any term of imprisonment shall not be35
suspended, probated, deferred, or withheld by a sentencing court. For the purposes of36
prosecution and sentencing an offense of this subsection shall not be merged with an37
offense of subsection (a) of this Code section."38
S. B. 296
- 2 - 25 LC 39 4518
SECTION 3.
39
Said chapter is further amended by repealing Code Section 40-6-391.3, relating to penalty40
for conviction for driving under influence of alcohol or drugs while driving school bus, in41
its entirety.42
SECTION 4.43
All laws and parts of laws in conflict with this Act are repealed.44
S. B. 296
- 3 -