House Bill 1265
By: Representatives McDonald III of the 26th, Smith of the 18th, Crowe of the 118th, Hitchens
of the 161st, Kelley of the 16th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated,
relating to serious traffic offenses, so as to create an offense for fleeing or attempting to elude
a pursuing vehicle or law enforcement officer performing duties on behalf of the Capitol
Police Division, Commercial Vehicle Enforcement Division, or Uniform Division of the
Department of Public Safety; to provide for penalties based on the distance a person fled or
otherwise attempted to elude a pursuing vehicle or law enforcement officer performing duties
on behalf of the Department of Public Safety; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to
serious traffic offenses, is amended by adding a new Code section to read as follows:
<ins>"40-6-395.1.
(a) It shall be unlawful for any driver of a vehicle to willfully fail or refuse to bring his or
her vehicle to a stop or to flee or otherwise attempt to elude a pursuing law enforcement
vehicle or officer performing official duties on behalf of the Capitol Police Division,
</ins>
<ins>Commercial Vehicle Enforcement Division, or Uniform Division of the Department of
Public Safety when given a visual or an audible signal to bring the vehicle to a stop. The
signal given by such officer may be by hand, voice, emergency light, or siren. The officer
giving such signal shall be in uniform prominently displaying his or her badge of office,
and his or her vehicle shall be appropriately marked showing it to be an official vehicle of
the Department of Public Safety, including, but not limited to, vehicles specifically marked
as Capitol Police Division, Commercial Vehicle Enforcement Division, and Georgia State
Patrol.
(b) The trier of fact shall determine beyond a reasonable doubt the distance the person
actually traveled while fleeing or otherwise attempting to elude a pursuing Department of
Public Safety vehicle or officer after such officer notified the Department of Public Safety
dispatcher that such person was fleeing or otherwise eluding the officer. The determination
of the distance traveled shall not be an essential element of such offense. If the distance
traveled cannot be determined, such distance shall be presumed to be zero miles.
(c)(1) Any person convicted of violating the provisions of subsection (a) of this Code
section, upon a first conviction thereof, shall be guilty of a high and aggravated
misdemeanor and, upon a second or subsequent conviction thereof, shall be guilty of a
felony and shall be punished as follows:
(A) Upon the first conviction, a fine not subject to suspension, stay, or probation of not
less than $1,000.00 nor more than $5,000.00 and confinement for 30 days for each mile
the person actually traveled while fleeing or otherwise attempting to elude a pursuing
Department of Public Safety vehicle or officer but in no case for a period of less than
30 days or more than 12 months. Any period of such imprisonment in excess of 30
days may, in the sole discretion of the judge, be suspended, stayed, or probated;
(B) Upon the second conviction within a ten-year period of time, as measured from the
date of previous arrest for which a conviction was obtained to the date of the current
arrest for which a conviction is obtained, a fine not subject to suspension, stay, or
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<ins>probation of not less than $2,500.00 nor more than $7,500.00 and imprisonment for the
greater of 30 days for each mile the person actually traveled while fleeing or otherwise
attempting to elude a pursuing Department of Public Safety vehicle or officer or 90
days but in no case for a period of more than 2 years; and
(C) Upon the third or subsequent conviction within a ten-year period of time, as
measured from the dates of previous arrests for which convictions were obtained to the
date of the current arrest for which a conviction is obtained, a fine not subject to
suspension, stay, or probation of not less than $5,000.00 nor more than $10,000.00 and
imprisonment for the greater of 30 days for each mile the person actually traveled while
fleeing or otherwise attempting to elude a pursuing Department of Public Safety vehicle
or officer or two years but in no case for a period of more than ten years.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo
contendere shall constitute a conviction.
(3) Upon a finding by the sentencing judge that payment of the fine required under
subparagraphs (A) through (C) of paragraph (1) of this subsection would impose an
economic hardship on the defendant, such judge may order the defendant to pay such fine
in installments which may be enforced through a contempt proceeding or a revocation of
any probation otherwise authorized by this subsection.
(4) Notwithstanding the limits set forth in any municipal charter, any municipal court of
any municipality shall be authorized to impose the punishments provided for in
subparagraph (A) of paragraph (1) of this subsection upon a conviction of violating such
subparagraph or upon conviction of violating any ordinance adopting the provisions of
such subparagraph.
(d) Any person violating the provisions of subsection (a) of this Code section who, while
fleeing or otherwise attempting to elude a pursuing Department of Public Safety vehicle
or officer:
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<ins>(1) Operates his or her vehicle in excess of 20 miles an hour above the posted speed
limit;
(2) Strikes or collides with another vehicle or a pedestrian;
(3) Is the proximate cause of an accident;
(4) Flees in traffic conditions which place the general public at risk of receiving serious
injuries;
(5) Commits a violation of:
(A) Code Section 40-6-144;
(B) Subsection (a) of Code Section 40-6-163;
(C) Subsection (a) of Code Section 40-6-251;
(D) Subsection (a) of Code Section 40-6-390;
(E) Subsection (a) of Code Section 40-6-390.1; or
(F) Subsection (a) of Code Section 40-6-391; or
(6) Leaves this state
shall be guilty of a felony punishable by a fine of not less than $5,000.00 nor more
than $10,000.00 and imprisonment for the greater of 30 days for each mile the person
actually traveled while fleeing or otherwise attempting to elude a pursuing Department of
Public Safety vehicle or officer or one year but in no case for a period of more than ten
years.
(e) Following adjudication of guilt or imposition of sentence for a violation of
subparagraph (c)(1)(B) or (c)(1)(C) or subsection (d) of this Code section, the sentence
shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced
to a lesser offense, merged with any other offense, or served concurrently with any other
offense."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.