Senate Bill 160
By: Senators Kirkpatrick of the 32nd, Albers of the 56th, Jones of the 10th, Robertson of the
29th, Halpern of the 39th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Titles 40, 42, and 43 of the Official Code of Georgia Annotated, relating to motor
vehicles and traffic, penal institutions, and professions and businesses, respectively, so as to
provide for intelligent speed assistance device limited driving permits for certain suspensions
of driver's licenses upon conviction for reckless stunt driving; to provide for procedures,
conditions, and fees for the issuance of such permits; to provide for revocation of such
permit; to provide for hearings; to provide for electronic delivery of notices and
communications; to provide for the purchase or lease of intelligent speed assistance devices
by counties, municipalities, or private entities; to provide for certification of intelligent speed
assistance devices; to provide for warning labels; to provide for revocation of probation; to
revise a short title; to provide for licenses to operate provider centers for those that install,
maintain, and monitor intelligent speed assistance devices; to provide for definitions; to
provide for rules and regulations; to provide an effective date; to provide for related matters;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is
amended in Code Section 40-5-1, relating to definitions, by adding new paragraphs to read
as follows:
"(9.2) 'Intelligent speed assistance device' means a constant monitoring device certified
by the commissioner to be installed within a motor vehicle to actively monitor and
prevent the operator from exceeding a preset speed. Such term shall not include any
technology provided by the motor vehicle manufacturer as a component of a motor
vehicle that controls or affects the speed of a motor vehicle."
"(14.1) 'Provider center' means a facility established for the purpose of providing and
installing intelligent speed assistance devices when their use is required by or as a result
of an order of a court."
SECTION 2.
Said title is further amended by revising Code Section 40-5-57.2, relating to suspension of
license for reckless stunt driving, as follows:
"40-5-57.2.
(a) The driver's license of any person convicted of reckless stunt driving in violation of
Code Section 40-6-390.1 shall by operation of law be suspended, and such suspension shall
be subject to the following terms and conditions:
(1) Upon the first conviction of any such offense, with no arrest and conviction of and
no plea of nolo contendere accepted to such offense within the previous five years, 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, the period of suspension shall
be up to 12 months, provided that such person may apply to the department for early
reinstatement of his or her driver's license at the end of 120 days. A person whose license
has been suspended pursuant to this paragraph may, if eligible under Code Section
40-5-64.2, apply for a limited driving permit pursuant to such Code section. Such license
shall be reinstated upon payment of a restoration fee of $210.00, or $200.00 when such
reinstatement is processed by mail;
(2) Upon the second conviction of any such offense within five years, 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, the period of suspension shall be for
three years, provided that such person may apply to the department for early
reinstatement of his or her driver's license after 18 months from the date of the
conviction. A person whose license has been suspended pursuant to this paragraph may,
if eligible under Code Section 40-5-64.2, apply for a limited driving permit pursuant to
such Code section. Such license A driver's license suspended pursuant to this paragraph
shall be reinstated upon payment of a restoration fee of $310.00, or $300.00 when such
reinstatement is processed by mail; and
(3) Upon the third or subsequent conviction of any such offense within five years, 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, such person shall be
considered a habitual violator, and such person's license shall be revoked as provided for
in Code Section 40-5-58. A person whose license has been suspended pursuant to this
subsection may, if eligible under Code Section 40-5-58 such Code section, apply for a
probationary license pursuant to such Code section. A driver's license suspension
imposed under this paragraph shall run concurrently with and shall be counted toward the
fulfillment of any period of revocation imposed directly under Code Sections 40-5-58 and
40-5-62, provided that such revocation arose from the same act for which the suspension
was imposed.
(b) Whenever a person is convicted of reckless stunt driving in violation of Code Section
40-6-390.1, the court in which such conviction is entered shall require the surrender of any
driver's license then held by the person so convicted, and the court shall thereupon forward
such license and a copy of its order to the department within ten days after the conviction.
The method of calculating the periods of suspension provided for in this Code section shall
be governed by subsection (e) of Code Section 40-5-61.
(c) Application for reinstatement of a driver's license under paragraph (1) or (2) of
subsection (a) of this Code section shall be made on such forms as the commissioner may
prescribe and shall be accompanied by the applicable restoration fee.
(d) Except as provided in subsection (a) of this Code section, it shall be unlawful for any
person to operate any motor vehicle in this state after such person's license has been
suspended pursuant to this Code section if such person has not thereafter obtained a valid
license or limited permit. Any person who is convicted of operating a motor vehicle before
the department has reinstated such person's license or before obtaining a limited driving
permit or probationary license shall be punished by a fine of not less than $750.00 nor more
than $5,000.00 or by imprisonment in the penitentiary for not more than 12 months, or
both."
SECTION 3.
Said title is further amended in Chapter 5, relating to drivers' licenses, by adding a new Code
section to read as follows:
"40-5-64.2.
(a) To whom issued.
(1) Notwithstanding any contrary provision of this Code section or Code Section
40-5-57, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person may apply for an
intelligent speed assistance device limited driving permit when such person's driver's
license has been suspended in pursuant to paragraph (1) or (2) of subsection (a) of Code
Section 40-5-57.2.
(2) The department shall not issue an intelligent speed assistance device limited driving
permit to any person:
(A) Under 21 years of age;
(B) Who is not currently licensed to operate a motor vehicle in this state;
(C) Who currently holds a license to drive a commercial motor vehicle;
(D) Whose driver's license is subject to an administrative suspension for involvement
in a traffic accident resulting in injuries or fatalities; or
(E) Whose driver's license is subject to a suspension, revocation, or cancellation for
any reason other than as contemplated by this Code section.
(b) Application form. Applications for intelligent speed assistance device limited driving
permits shall be made upon such forms as the commissioner may prescribe. All
applications shall be signed by the applicant before a person authorized to administer oaths.
(c) Fee and validity.
(1) The fee for an intelligent speed assistance device limited driving permit issued
pursuant to this Code section shall be $32.00.
(2) An intelligent speed assistance device limited driving permit shall be valid for a
period of one year, and such permit may be renewed for additional periods of six months
upon payment of a renewal fee of $32.00, but it may only be renewed one time after such
person is eligible to reinstate his or her driver's license.
(3) Upon payment of a fee in the same amount as that provided by Code Section 40-5-25
for the issuance of a Class C driver's license, a person may be issued a replacement for
a lost or destroyed intelligent speed assistance device limited driving permit previously
issued to him or her.
(d) Revocation of intelligent speed assistance device limited driving permit.
(1)(A) The department shall revoke the intelligent speed assistance device limited
driving permit of any permittee who is convicted of violating any state law relating to
the movement of vehicles. Any court in which such conviction is had shall require such
permittee to surrender the intelligent speed assistance device limited driving permit to
the court, and the court shall forward the permit along with a copy of the conviction to
the department within ten days after the conviction.
(B) The department shall revoke the intelligent speed assistance device limited driving
permit of a permittee upon receipt of notice from a provider center that an intelligent
speed assistance device has been tampered with, a permittee has failed to report for
monitoring as required by law, or an intelligent speed assistance device has been
removed from any motor vehicle to be driven by a permittee prior to successful
completion of the required term of monitoring under paragraph (2) of subsection (c) of
this Code section.
(2) The department shall notify the permittee of such revocation by regular mail to his
or her last known address. Such notice of revocation shall inform the permittee of the
grounds for and effective date of the revocation and of the right to hearing. The notice
of revocation shall be deemed received three days after mailing.
(3) Any person whose intelligent speed assistance device limited driving permit has been
revoked for the first time shall not be eligible to apply for a driver's license until six
months from the date such permit was revoked by the department. Any person whose
intelligent speed assistance device limited driving permit has previously been revoked
shall not be eligible to apply for a driver's license until two years from the date such
permit was revoked by the department.
(e) Hearings. Any person whose intelligent speed assistance device limited driving permit
has been revoked or who has been refused such permit by the department may make a
request in writing for a hearing to be provided by the department. Such hearing shall be
provided by the department within 30 days after the receipt of such request and shall follow
the procedures required by Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.' Appeal from such hearing shall be in accordance with such chapter.
(f) Notices and communications. Any notice or communication required under this Code
section may be sent electronically, provided that the intended recipient of such notice or
communication has affirmatively opted into receiving any such notice or communication
electronically.
(g) Rules and regulations. The commissioner may promulgate rules and regulations as
are necessary to implement this Code section."
SECTION 4.
Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended
in Code Section 42-3-111, relating to definitions regarding probation management, by
revising paragraph (2) as follows:
"(2) 'Electronic monitoring' means supervising, mapping, or tracking the location of a
probationer by means including electronic surveillance, voice recognition, facial
recognition, fingerprinting or biometric scan, automated kiosk, automobile ignition
interlock device, intelligent speed assistance device, or global positioning systems which
may coordinate data with crime scene information."
SECTION 5.
Said title is further amended in Chapter 8, relating to probation, by adding a new article to
read as follows:
"ARTICLE 8
42-8-130.
(a) As used in this article, the term:
(1) 'Intelligent speed assistance device' means a constant monitoring device certified by
the commissioner to be installed within a motor vehicle to actively monitor and prevent
the operator from exceeding a preset speed. Such term shall not include any technology
provided by the motor vehicle manufacturer as a component of a motor vehicle that
controls or affects the speed of a motor vehicle.
(2) 'Provider center' means a facility established for the purpose of providing and
installing intelligent speed assistance devices when their use is required by or as a result
of an order of a court or as required in order to maintain an intelligent speed assistance
device limited driving permit in accordance with Code Section 40-5-64.2.
(b) Intelligent speed assistance devices for provider centers may be purchased or leased
by counties, municipalities, or private entities.
(c) A provider center shall be authorized to charge the person whose vehicle is to be
equipped with an intelligent speed assistance device such installation, deinstallation, and
user fees as are approved by the Department of Driver Services. A provider center may
also require such person to make a security deposit for the safe return of such device.
(d) If a county, municipality, or other political subdivision of this state purchases or leases
intelligent speed assistance devices from a private entity, such county or municipality shall
allow persons who are found by the court to be indigent and unable to pay the fees or
deposits for such device to participate in the intelligent speed assistance program.
42-8-131.
(a) No judicial officer, community supervision officer, law enforcement officer, or other
officer or employee of a court; person who owns, operates, or is employed by a private
company which has contracted to provide private probation services for misdemeanor
cases; or professional bondsman or agent or employee thereof shall specify, directly or
indirectly, a particular provider center which the person may or shall utilize when use of
an intelligent speed assistance device is required. This subsection shall not prohibit any
judicial officer, community supervision officer, law enforcement officer, or other officer
or employee of a court; owner, operator, or employee of a private company which has
contracted to provide probation services for misdemeanor cases; or professional bondsman
or agent or employee thereof from furnishing any person, upon request, the names of
certified provider centers.
(b) No person who owns, operates, or is employed by a private company which has
contracted to provide probation services for misdemeanor cases or professional bondsman
or agent or employee thereof shall be authorized to own, operate, or be employed by a
provider center.
42-8-132.
(a) The commissioner of driver services or the commissioner's designee shall certify
intelligent speed assistance devices required by Code Section 40-5-64.2 and the providers
of such devices and shall promulgate rules and regulations for the certification of such
devices and providers. The standards for certification of such devices shall include, but
shall not be limited to, those standards for such devices promulgated by the National
Highway Traffic Safety Administration and adopted by rule or regulation of the
Department of Driver Services.
(b) The commissioner of driver services may utilize information from an independent
agency to certify intelligent speed assistance devices on or off the premises of the
manufacturer in accordance with rules and regulations promulgated pursuant to this article.
The cost of certification shall be borne by the manufacturers of intelligent speed assistance
devices.
(c) The commissioner of driver services shall adopt rules and regulations for determining
the accuracy of and proper use of the intelligent speed assistance devices in full compliance
with this article. No model of intelligent speed assistance device shall be certified unless
it meets the accuracy requirements specified by such rules and regulations.
42-8-133.
The providers certified by the Department of Driver Services shall design and adopt
pursuant to regulations of such department a warning label which shall be affixed to each
intelligent speed assistance device upon installation. The label shall contain a warning that
any person tampering, circumventing, or otherwise misusing the device is guilty of a
misdemeanor and may be subject to civil liability.
42-8-134.
(a) In the event the sentencing court revokes a person's probation after finding that such
person has violated the terms of the certificate of eligibility for an intelligent speed
assistance device limited driving permit, the Department of Driver Services shall revoke
such person's driving privilege for one year from the date the court revokes the person's
probation. The court shall report such probation revocation to the Department of Driver
Services by court order."
SECTION 6.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,
is amended by revising Chapter 12A, relating to ignition interlock device providers, as
follows:
"CHAPTER 12A
43-12A-1.
This chapter shall be known and may be cited as the 'Intelligent Speed Assistance Device
and Ignition Interlock Device Providers Act.'
43-12A-2.
As used in this chapter, the term:
(1) 'Commissioner' means the commissioner of driver services.
(2) 'Department' means the Department of Driver Services acting directly or through its
duly authorized officers and agents.
(3) 'Ignition interlock device' means a constant monitoring device certified by the
commissioner which prevents a motor vehicle from being started at any time without first
determining the equivalent blood alcohol concentration of the operator through the taking
of a deep lung breath sample. The system shall be calibrated so that the motor vehicle
may not be started if the blood alcohol concentration of the operator, as measured by the
device, exceeds 0.02 grams or if the sample is not a sample of human breath.
(4) 'Intelligent speed assistance device' means a constant monitoring device certified by
the commissioner to be installed within a motor vehicle to actively monitor and prevent
the operator from exceeding a preset speed. Such term shall not include any technology
provided by the motor vehicle manufacturer as a component of a motor vehicle that
controls or affects the speed of a motor vehicle.
(5) 'Provider center' means a facility established for the purpose of providing and
installing ignition interlock devices or intelligent speed assistance devices when their use
is required by or as a result of an order of a court.
43-12A-3.
No person shall operate a provider center or engage in the practice of providing, installing,
or monitoring ignition interlock devices or intelligent speed assistance devices unless a
license therefor has been secured from the department.
43-12A-4.
(a) Every person who that desires to operate a provider center shall meet the following
requirements:
(1) Maintain an established place of business in the state which is open to the public;
(2) Maintain a general liability policy of insurance, including products and completed
operations, with not less than $50,000.00 of combined single limits, with an insurance
carrier authorized by the Commissioner of Insurance to write policies in the this state.
Evidence of such insurance coverage, in the form of a certificate from the insurance
carrier, shall be filed with the department;, and such certificate shall stipulate that the
insurance shall not be canceled except upon ten days' prior written notice to the
department;
(3) Provide a continuous surety bond in the principal sum of $10,000.00 for the
protection of the contractual rights of individuals required to maintain an ignition
interlock device or intelligent speed assistance device in such form as will meet with the
approval of the department and written by a company authorized to do business in this
state; provided, however, that the aggregate liability of the surety for all breaches of the
condition of the bond in no event shall exceed the principal sum of $20,000.00 per
location, and a single bond at such rate for all locations separately licensed and operated
by the same person may be provided in satisfaction of this paragraph. The surety on any
such bond may cancel such bond on giving 30 days' notice thereof in writing to the
department and shall be relieved of liability for any breach of any condition of the bond
which occurs after the effective date of cancellation;
(4) Have the equipment and knowledge necessary to provide, install, and monitor
ignition interlock devices and intelligent speed assistance devices as prescribed by the
department; and
(5) Pay to the department an application fee of $250.00.
(b) The department shall conduct a records check for any applicant for certification as a
provider center operator. Each applicant shall submit two sets of classifiable fingerprints
to the department. The department shall transmit both sets of fingerprints to the Georgia
Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau
of Investigation for a search of bureau records and an appropriate report and shall retain
one set of fingerprints and promptly conduct a search of state records. After receiving a
report from the Georgia Crime Information Center and the Federal Bureau of Investigation,
the department shall determine whether the applicant may be licensed. The applicant shall
be responsible for any fee or other charge allowed by law or rule or regulation promulgated
by the department, the Georgia Crime Information Center, or the Federal Bureau of
Investigation for the submission, processing, and review of such fingerprints.
(c) No applicant shall be licensed or certified who does not meet under this Code section
unless such person meets the requirements set forth in Code Section 43-12A-6.
43-12A-5.
(a) No provider center shall be permitted to use, adopt, or conduct any business under any
name that is like or deceptively similar to any name of a Georgia corporation registered
with the Secretary of State.
(b) This Code section shall not prohibit the franchising or licensing of any part or all of the
name of a provider center by the owner of the rights therein to another licensed provider
center.
(c) A judicial officer, community supervision officer, law enforcement officer, or other
officer or employee of a court or any person employed by a private company which has
contracted to provide private probation services for misdemeanor cases, or any employee
of the Department of Driver Services or the Department of Behavioral Health and
Developmental Disabilities, and any immediate family member thereof shall be prohibited
from owning, operating, being employed by, acting as an agent or servant for, or having
a financial interest in any provider center.
43-12A-6.
Every person who desires to operate a provider center or to engage in the practice of
providing, installing, or monitoring ignition interlock devices or intelligent speed assistance
devices:
(1) Shall not have knowingly made misleading, deceptive, untrue, or fraudulent
representations in the practice of a business or profession licensed under this title or on
any document connected therewith; or practiced fraud or deceit or intentionally made any
false statement in obtaining a license to practice the licensed business or profession; or
made a false statement or deceptive registration with the board;
(2) Shall not have been convicted of a second or subsequent violation of Code Section
40-6-391 within five years, 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;
(3) Shall not have been convicted of any felony or of any crime involving theft, fraud,
violence, or moral turpitude in the courts of this state or any other state, territory, or
country or in the courts of the United States. As used in this paragraph, the term 'felony'
shall mean means any offense which, if committed in this state, would be deemed a
felony, without regard to its designation elsewhere; and the term 'conviction' shall mean
means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal
of the conviction has been sought;
(4) Shall not have been arrested, charged, and sentenced for the commission of any
felony, or any crime involving theft, fraud, violence, or moral turpitude, where when:
(A) First offender treatment without adjudication of guilt pursuant to the charge was
granted; or
(B) An adjudication of guilt or sentence was otherwise withheld or not entered on the
charge, except with respect to a plea of nolo contendere.
The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating
to probation of first offenders, or other first offender treatment shall be conclusive
evidence of arrest and sentencing for such crime;
(5) Shall submit at least one set of classifiable electronically recorded fingerprints to the
department in accordance with the fingerprint system of identification established by the
director of the Federal Bureau of Investigation. The department shall transmit the
fingerprints to the Georgia Crime Information Center, which shall submit the fingerprints
to the Federal Bureau of Investigation for a search of bureau records and an appropriate
report and promptly conduct a search of state records based upon the fingerprints. After
receiving the report from the Georgia Crime Information Center and the Federal Bureau
of Investigation, the department shall determine whether the applicant may be certified;
and
(6) Shall be a United States citizen, or if not a citizen, present federal documentation
verified by the United States Department of Homeland Security to be valid documentary
evidence of lawful presence in the United States under federal immigration law.
43-12A-7.
(a) The department shall issue a license certificate to each provider center operator when
such person has met the qualifications required under this chapter. Each provider center
shall be required to have a separate license for each location, but mobile units operating out
of a particular licensed location need not be separately licensed.
(b) All licenses issued to operators of provider centers pursuant to this chapter shall be
valid for four years from the date of issuance unless sooner canceled, suspended, or
revoked under Code Section 43-12A-8. All licenses shall be renewed through the
department as provided in subsection (d) of this Code section and shall be valid for four
years from the date of renewal.
(c) The license of each provider center operator may be renewed subject to the same
conditions as the original license and upon payment of a fee of $100.00.
(d) All applications for renewal of a provider center operator's license shall be on a form
prescribed by the department and must be filed with the department not more than 60 days
nor fewer than ten days preceding the expiration date of the license to be renewed.
43-12A-8.
The department may cancel, suspend, revoke, or refuse to renew any provider center's
license upon good cause being shown and after ten days' notice to the license holder if:
(1) The department is satisfied that the licensee fails to meet the requirements to receive
or hold a license under this chapter;
(2) The licensee permits fraud or engages in fraudulent practices, with reference to either
the applicant or the department, or induces or countenances fraud or fraudulent practices
on the part of any applicant for a driver's license or permit;
(3) The licensee fails to comply with this chapter or any rule of the department made
pursuant thereto;
(4) The licensee represents himself or herself as an agent or employee of the department
or uses advertising designed to lead, or which would reasonably have the effect of
leading, persons to believe that such licensee is in fact an employee or representative of
the department;
(5) The licensee or any employee or agent of the licensee directly or indirectly solicits
business by personal solicitation on public property or in any department, agency, or
office of the state which involves the administration of any law relating to motor vehicles,
whether by telephone, mail, or electronic communications. A violation of this paragraph
shall be a misdemeanor. Advertising in any mass media, including, but not limited to,
newspapers, radio, television, magazines, or telephone directories, by a provider center
shall not be considered a violation of this paragraph; or
(6) The driver's license of the licensee has been canceled, suspended, or revoked.
43-12A-9.
(a) The commissioner is authorized to prescribe, by rule, standards for the eligibility,
conduct, and equipment required for a person to be licensed to operate a provider center
and to adopt other reasonable rules and regulations to carry out this chapter.
Notwithstanding the foregoing, violations that are minor in nature and committed by a
person, firm, or corporation shall be punished only by a written reprimand unless the
person, firm, or corporation fails to remedy the violation within 30 days, in which case an
administrative fine, not to exceed $250.00, may be issued.
(b) The commissioner shall have the authority to assess, after a hearing, an administrative
fine not to exceed $1,000.00 per violation against any provider center, agent, or employee
that fails to comply with any requirement imposed by or pursuant to this chapter.
(c) The hearing and any administrative review thereof shall be conducted in accordance
with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all
administrative remedies available and who is aggrieved or adversely affected by a final
order or action of the commissioner shall have the right of judicial review thereof in
accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall
be paid into the state treasury. The commissioner may file in the superior court:
(1) Wherein the person under order resides;
(2) If such person is a corporation, in the county wherein the corporation maintains its
principal place of business; or
(3) In the county wherein the violation occurred
a certified copy of a final order of the commissioner, whether unappealed from or affirmed
upon appeal, whereupon the court shall render judgment in accordance therewith and notify
the parties. Such judgment shall have the same effect, and proceedings in relation thereto
shall thereafter be the same as though the judgment had been rendered in an action duly
heard and determined by the court. The penalty prescribed in this Code section shall be
concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative
rights, remedies, forfeitures, or penalties provided, allowed, or available to the
commissioner with respect to any violation of this chapter or any order, rules, or
regulations promulgated pursuant to this chapter."
SECTION 7.
This Act shall become effective on July 1, 2028.
SECTION 8.
All laws and parts of laws in conflict with this Act are repealed.