House Bill 954
By: Representatives Bell of the 75th, Gisler of the 121st, Jones of the 25th, Sharper of the 177th,
Gilliard of the 162nd, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated,
relating to issuance, expiration, and renewal of licenses, so as to provide for the placement
of a notation of a nonapparent physical or mental disability upon a driver's license; to provide
for the removal of such notation upon request; to prohibit the disclosure of information
relating to the request for such notation; to provide for a short title; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as "Eric's Law."
SECTION 2.
Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to
issuance, expiration, and renewal of licenses, is amended by revising Code Section 40-5-38,
relating to notation of post-traumatic stress disorder upon drivers' licenses, as follows:
"40-5-38.
(a) Members of the armed services and veterans who have been diagnosed with
post-traumatic stress disorder may request to have a notation of such diagnosis placed on
his or her driver's license. Such applicant shall present the department with a sworn
statement from a person licensed to practice medicine or psychology in this state verifying
such diagnosis.
(b) <ins>Any applicant with a physical or mental disability which is not immediately obvious
or visible may request to have a symbol placed upon the front of his or her driver's license
which indicates such physical or mental disability. Such applicant shall present the
department with a sworn statement which includes a description of such physical or mental
disability.
(c) Any licensee with a notation placed upon his or her license pursuant to this Code
section may request the removal of such notation by the department. Upon receipt of a
request to remove a notation provided for in this Code section, the department shall delete
any records relating to the notation and request. The department shall be prohibited from
disclosing any information relating to a request for a notation authorized by this Code
section except on written authorization or other waiver by the applicant or licensee or on
appropriate court order.
(d)</ins> The commissioner shall by rules and regulations establish procedures necessary to
carry out the provisions of this Code section including, without limitation, application
forms to include a waiver of liability for the release of any medical information, <del>and</del> an
appropriate symbol to be placed on the drivers' licenses, <ins>and a procedure for the request for
revocation of a request authorized by this Code section."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.