House Bill 1395
By: Representatives Mathis of the 133rd, Crowe of the 118th, Washburn of the 144th, Barrett
of the 24th, Powell of the 33rd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to
drivers' licenses, so as to require the intervention component for DUI Alcohol or Drug Use
Risk Reduction Programs be conducted in person; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses,
is amended in Code Section 40-5-1, relating to definitions, by revising paragraph (10) as
follows:
"(10) 'Intervention component' means a program which delivers <ins>in-person</ins> therapeutic
education about alcohol and drug use and driving and peer group counseling concerning
alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum
approved and certified by the department for the DUI Alcohol or Drug Use Risk
Reduction Programs under subsection (e) of Code Section 40-5-83."
SECTION 2.
Said chapter is further amended in Code Section 40-5-83, relating to approval and operation
of driver improvement clinics, criteria for defensive driving courses, alcohol and drug
courses, and driving under the influence risk reduction programs, by revising paragraph (1)
of subsection (e) as follows:
"(e)(1) The department is designated as the agency responsible for establishing criteria
for the certification of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant
shall meet the certification criteria promulgated by the department through its standards
and shall provide assessment component services and intervention component services.
A certified DUI Alcohol or Drug Use Risk Reduction Program shall require that a risk
assessment component be conducted prior to administering the intervention component
of such program. A certified DUI Alcohol or Drug Use Risk Reduction Program may
include a clinical evaluation component after an individual completes risk assessment and
intervention services. Only clinical evaluators licensed by the Department of Behavioral
Health and Developmental Disabilities shall be qualified to conduct clinical evaluations.
The department is designated as the agency responsible for establishing rules and
regulations concerning the contents and duration of the components of DUI Alcohol or
Drug Use Risk Reduction Programs, qualifications of instructors, attendance
requirements for students, examinations, and program evaluations; <ins>provided, however,
that intervention components of such courses shall be conducted in person and online
courses or remote participation platforms which provide in-person instruction shall be
prohibited.</ins> Qualified instructors shall be certified for periods of four years each, which
may be renewed."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.