The Senate Committee on Public Safety offered the following
substitute to SB 473:
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, so as to require submission of proof of completion of certified DUI Alcohol or Drug
Use Risk Reduction Programs by certain applicants to obtain limited driving permits; to
provide for the crediting of completion of such courses toward reinstatement requirements
for certain drivers' license suspensions; to authorize written consent for release of certain
information to be obtained and transferred electronically; to authorize the collection of fees;
to revise the authorized fee for driver improvement clinics; to revise the authorized fees
relative to DUI Alcohol or Drug Use Risk Reduction Programs; to provide for related
matters; to provide for an effective date and applicability; 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 40-5-64, relating to limited driving permits for certain offenders,
by revising subsection (a) and by adding a new subsection to read as follows:
"(a) To whom issued.
(1) Notwithstanding any contrary provision of this Code section or Code
Section 40-5-57, 40-5-57.2, 40-5-63, 40-5-75, 40-5-121, or 42-8-111, any person who has
not been previously convicted or adjudicated delinquent for a violation of Code
Section 40-6-391 within five years, as measured from the dates of previous arrests for
which convictions were obtained or pleas of nolo contendere were accepted to the date
of the current arrest, may apply for a limited driving permit when that person's driver's
license has been suspended in accordance with:
(A) Code Section 40-5-54.1 and upon receipt of a record of such from a court or the
agency within the Department of Human Services which is responsible for enforcing
orders for child support;
(B) Subsection (d) of Code Section 40-5-57;
(C) Paragraph (1) of subsection (a) of Code Section 40-5-57.2;
(D) Paragraph (1) of subsection (a) of Code Section 40-5-63;
(E) Paragraph (1) of subsection (a) of Code Section 40-5-67.2 <ins>and upon submission of
proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program certified
by the Department of Driver Services;
</ins> (F) Subsection (a) of Code Section 40-5-57.1, when the person is 18 years of age or
older and his or her license was suspended for exceeding the speed limit by 24 miles
per hour or more but less than 34 miles per hour, and the sentencing judge, in his or her
discretion, decides it is reasonable to issue a limited driving permit; or
(G) Paragraph (1) of subsection (a) of Code Section 40-5-75.
(2) No person who has been granted an exemption from the ignition interlock device
requirements of Article 7 of Chapter 8 of Title 42 due to undue financial hardship under
Code Section 42-8-111 shall be eligible for a limited driving permit, an ignition interlock
device limited driving permit, or any other driving privilege for a period of one year.
(3) To the extent a person is subject to more than one suspension for which a limited
driving permit may be issued, the department shall not issue such permit unless the
suspensions are for a conviction for driving under the influence in violation of Code
Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative
suspension imposed pursuant to paragraph (1) of subsection (a) of Code
Section 40-5-67.2 arising from the same incident."
<ins>"(e.1) Credit. The department shall credit any DUI Alcohol or Drug Use Risk Reduction
Program completed to obtain a permit pursuant to this Code section toward the
requirements of Code Sections 40-5-57.1, 40-5-63, and 40-5-67.2 relating to such course."
</ins> SECTION 2.
Said title is further amended in Code Section 40-5-82, relating to administration of driver
improvement clinic program and DUI Alcohol or Drug Use Risk Reduction Program, by
revising subsection (d) as follows:
"(d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not
limited to, assessment results and other components attended shall be confidential and shall
not be released without the written consent of the DUI offender, except that such records
shall be made available to the Department of Behavioral Health and Developmental
Disabilities and the Department of Driver Services. <ins>The written consent required by this
subsection may be obtained and transferred in electronic format.</ins> The provision of
assessments to the Department of Behavioral Health and Developmental Disabilities shall
be according to an interagency agreement between the Department of Driver Services and
the Department of Behavioral Health and Developmental Disabilities, and <del>the agreement
may provide for assessment fees to be transmitted to the Department of Behavioral Health
and Developmental Disabilities</del> <ins>shall be authorized to collect a fee of $15.00 for each
offender assessed."
</ins>
SECTION 3.
Said title 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 subsections (a) and (e)
as follows:
"(a)(1) The commissioner shall establish criteria for the approval of driver improvement
clinics. To be approved, a clinic shall provide and operate a defensive driving course.
Clinics shall be composed of uniform education and training programs consisting of six
hours of instruction designed for the rehabilitation of problem drivers. The commissioner
shall establish standards and requirements concerning the contents of defensive driving
courses, qualifications of instructors, attendance requirements for students, and
examinations. Approved clinics shall charge a fee of <del>$95.00</del> <ins>$125.00</ins> for a defensive
driving course, except that such clinics may charge different fees of their own choosing
if the person is not enrolling in such course pursuant to court order or department
requirement. No clinic shall be approved unless such clinic agrees in writing to allow the
examination and audit of the books, records, and financial statements of such clinic.
Clinics may be operated by any individual, partnership, or corporation. Nothing in this
paragraph shall be construed to affect in any way driving programs established for
purposes of insurance premium reductions under the provisions of Code Section 33-9-42.
(2)(A) No driver improvement clinic shall be permitted to use, adopt, or conduct any
business under any name that is like or deceptively similar to any name used by any
other driver improvement clinic, Georgia company, or Georgia corporation registered
with the Secretary of State. This subparagraph shall not prohibit the franchising or
licensing of any part or all of the name of a driver improvement clinic by the owner or
the rights thereof to another licensed driver improvement clinic.
(B) This paragraph shall not prohibit the franchising or licensing of any part or all of
the name of a clinic by the owner of the rights therein to another licensed driver
improvement clinic."
"(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.
<del>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.
</del> <ins>A clinical evaluation and risk assessment shall be conducted simultaneously as prescribed
by law. Only clinical evaluators licensed by the Department of Behavioral Health and
Developmental Disabilities and qualified to conduct substance use disorder evaluations
shall be authorized to perform such assessments.</ins> 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. Qualified instructors shall be certified for periods of four years
each, which may be renewed, <ins>and instruction shall be provided through in-person
instruction or remote participation platforms utilizing in-person instruction providers.
</ins> (2) Certified DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of
<del>$100.00 for the assessment component and $235.00 for the intervention component
</del> <ins>$380.00.</ins> An additional fee for required student program materials shall be established
by the department in such an amount as is reasonable and necessary to cover the cost of
such materials; <ins>provided, however, that such fee shall not exceed $15.00.
</ins> (3) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such
program agrees in writing to submit reports as required in the rules and regulations of the
department and to allow the examination and audit of the books, records, and financial
statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department
or its authorized agent.
(4) DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public,
private, or governmental entity; provided, however, that, except as otherwise provided
in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk
Reduction Program is operated by a private entity, whether for profit or nonprofit, neither
the local county board of health nor any other governmental entity shall fund any new
programs in that area. Programs in existence prior to July 1, 1990, which are operated
by local county boards of health or any other governmental entities shall be authorized
to continue operation. New programs may be started in areas where no private DUI
Alcohol or Drug Use Risk Reduction Programs have been made available in the political
subdivision.
(5) The Department of Corrections shall be authorized to operate DUI Alcohol or Drug
Use Risk Reduction Programs in its facilities where offenders are not authorized to
participate in such programs in the community, provided that such programs meet the
certification criteria promulgated by the Department of Driver Services. All such
programs operated by the Department of Corrections shall be exempt from all fee
provisions established in this subsection specifically including the rebate of any fee for
the costs of administration.
(6) No DUI Alcohol or Drug Use Risk Reduction Program shall be certified unless such
program agrees in writing to pay to the state, for the costs of administration, a fee of
<del>$30.00</del> <ins>$15.00</ins> for each offender assessed, provided that nothing in this Code section shall
be construed to allow the department to retain any funds required by the Constitution to
be paid into the state treasury; and provided, further, that the department shall comply
with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,'
except Code Section 45-12-92, prior to expending any such miscellaneous funds."
SECTION 4.
This Act shall become effective on July 1, 2026, and shall apply to offenses committed on
or after that date.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.