SB296: SB296 Uniform Rules of the Road; operation of a school bus while under the influence of alcohol or drugs; establish the offense

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 to1 uniform rules of the road, so as to establish the offense of op eration 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 repe al 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 t raffic 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 C ode 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 persons16 riding bicycles."17 SECTION 2.18 Said chapter is further amended in Code Section 40-6-391, relat ing 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 Chap ter 5 of this title who23 violates subsection (a) of this Code section while driving a sc hool 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 t he offense of endangering31 school bus occupants while under the influence of alcohol or dr ugs 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 no r 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 cour t. 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 -