HB1022: HB1022 Motor vehicles; prohibit electric tinting

26 LC 63 0166S The Senate Committee on Public Safety offered the following substitute to HB 1022: A BILL TO BE ENTITLED AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1 traffic, so as to modify the permissible reduction of light transmission through the application2 of material and glazing to the windows of certain motor vehicles; to prohibit electric tinting;3 to provide for penalties; to provide for definitions; to revise the date by which law4 enforcement officers shall acquire equipment capable of verifying a driver's license issued5 in an electronic format; to create an offense for fleeing or at tempting to elude a pursuing6 vehicle or law enforcement officer performing duties on behalf of the Capitol Police7 Division, Commercial Vehicle Enforcement Division, or Uniform D ivision of the8 Department of Public Safety; to provide for penalties based on the distance a person fled or9 otherwise attempted to elude a pursuing vehicle or law enforcement officer performing duties10 on behalf of the Department of Public Safety; to provide for re lated matters; to repeal11 conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 - 1 - 26 LC 63 0166S SECTION 1.14 Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is15 amended by revising Code Section 40-8-73.1, relating to tinting of windows or windshields,16 as follows:17 "40-8-73.1.18 (a) As used in this Code section, the term:19 (1) 'Electric tinting' means any material that uses an electric current to change the light20 reflectance or light transmission of a surface. Such term shall include, but is not limited21 to, electrochromic glass and polymer dispersed liquid crystal film.22 (2) 'Front side and door windows' means the side and door windows of a motor vehicle23 that are directly to the right and left of the driver.24 (3) 'Light reflectance' means the ratio of the amount of total light that is reflected 25 outward by a product or material to the amount of total light f alling on the product or26 material.27 (2)(4) 'Light transmission' means the ratio of the amount of total l ight, expressed in28 percentages, which is allowed to pass through a surface to the amount of light falling on29 the surface.30 (3) 'Manufacturer' means a person who produces or assembles a vehicle glass-coating31 material or who fabricates, laminates, or tempers a safety-glaz ing material, which32 material reduces light transmission.33 (4)(5) 'Material' means any transparent product or substance which r educes light34 transmission.35 (5)(6) 'Multipurpose passenger vehicle' means a motor vehicle design ed to carry ten36 persons or less which is constructed on a truck chassis or with special features for37 occasional off-road operation.38 (7) 'Rear side and door windows' means the side and door windows of a motor vehicle39 that are not directly to the right and left of the driver.40 - 2 - 26 LC 63 0166S (b) Except as provided in this Code section, it shall be unlawful for any person to operate41 a motor vehicle in this state:42 (1) Which has material and glazing applied or affixed to the f ront windshield, which43 material and glazing when so applied or affixed reduce light tr ansmission through the44 windshield; or45 (2) Which has material and glazing applied or affixed to the rear windshield or the front46 side or door windows, which material and glazing when so applied or affixed reduce light47 transmission through the windshi eld or window to less than 32 2 8 percent, plus or48 minus 3 percent, or increase light reflectance to more than 20 percent;49 (3) Which has material and glazing applied or affixed to the rear windshield or the rear50 side or door windows, which material and glazing when so applied or affixed reduce light51 transmission through the windshield or window to less than 15 percent, plus or minus 352 percent, or increase light reflectance to more than 20 percent; or53 (4) Which has electric tinting applied or affixed to the front windshield, rear windshield.54 (c) The provisions of subsection (b) of this Code section shall not apply to:55 (1) Adjustable sun visors which are mounted forward of the side windows and are not56 attached to the glass;57 (2) Signs, stickers, or other matter which is displayed in a seven-inch square in the lower58 corner of the windshield farthest removed from the driver or si gns, stickers, or other59 matter which is displayed in a five-inch square in the lower co rner of the windshield60 nearest the driver;61 (3) Direction, destination, or termination signs upon a passenger common carrier motor62 vehicle if the signs do not interfere with the driver's clear view of approaching traffic;63 (4) Any transparent item which is not red or amber in color wh ich is placed on the64 uppermost six inches of the windshield;65 (5) Any federal, state, or local sticker or certificate which is required by law to be placed66 on any windshield or window;67 - 3 - 26 LC 63 0166S (6) The rear windshield or the rear side or door windows, except those windows to the68 right and left of the driver of:69 (A) A multipurpose passenger vehicle;70 (B) A school bus, any other bus used for public transportation , and any bus or van71 owned or leased by any religious or any nonprofit organization duly incorporated under72 the laws of this state;73 (C) Any limousine owned or leased by a public or private entity; or74 (D) Any other vehicle, the windows or windshields of which hav e been tinted or75 darkened before factory delivery or permitted by federal law or regulation;76 (7) Any law enforcement vehicle;77 (8) Any vehicle that displays a valid special license plate issued to a government official78 under Code Section 40-2-61, 40-2-63, or 40-2-64;79 (9) Any vehicle owned or operated by the state or a political subdivision thereof and that80 displays a valid license plate issued pursuant to Code Section 40-2-37; or81 (10) Any vehicle operated in the course of business by a perso n licensed or registered82 under Chapter 38 of Title 43, relating to private detective and private security businesses.83 (d) The Department of Public Safety may, upon application from a person required for84 medical reasons to be shielded from the direct rays of the sun and only if such application85 is supported by written attestation of such fact from a person licensed to practice medicine86 under Chapter 34 of Title 43 or a person certified as an optome trist under Chapter 30 of87 Title 43, issue an exemption from the provisions of this Code section for any motor vehicle88 owned by such person or in which such person is a habitual pass enger. The exemption89 shall be issued with such conditions and limitations as may be prescribed by the90 Department of Public Safety.91 (e) No person shall install any material upon the windshields or windows of any motor92 vehicle, the installation of which would result in a reduction of light transmission or an93 increase in light reflectance in violation of subsection (b) of this Code section.94 - 4 - 26 LC 63 0166S (f) Notwithstanding any other provision of this Code section, commercial motor vehicles95 operated in this state are subject to the specifications of or limitations relating to windshield96 or window glazing or the appli cation of light reducing or refle ctance material to the97 windshield or windows as provided for in the federal motor carr ier safety regulations98 contained in 49 C.F.R. 393.60 and adopted by the commissioner of public safety pursuant99 to Code Section 40-1-8.100 (g) The Department of Public Safety is authorized to promulgat e such rules and101 regulations as may be necessary to carry out the provisions of this Code section.102 (h)(1) Any person who violates subsection (b) or (e) of this Code section shall be guilty103 of a misdemeanor.104 (2) Notwithstanding paragraph (1) of this subsection, any person who violates paragraph105 (4) of subsection (b) of this Code section shall:106 (A) Upon the first violation, be subject to a fine of not more than $500.00; and107 (B) Upon the second and subsequent violations, be subject to a fine of not more than108 $1,000.00."109 SECTION 2.110 Said title is further amended by revising Code Section 40-2-41, relating to display of license111 plates, as follows:112 "40-2-41.113 Unless otherwise permitted under this chapter, every vehicle required to be registered under114 this chapter, which is in use upon the highways, shall at all times display the license plate115 issued to the owner for such vehicle, and the plate shall be fa stened to the rear of the116 vehicle in a position so as not to swing and shall be at all times plainly visible. No person117 shall display on the rear of a motor vehicle any temporary or p ermanent plate or tag not118 issued by the State of Georgia which is intended to resemble a license plate which is issued119 by the State of Georgia. The commissioner is authorized to adopt rules and regulations so120 - 5 - 26 LC 63 0166S as to permit the display of a license plate on the front of cer tain vehicles. It shall be the121 duty of the operator of any vehicle to keep the license plate legible at all times. No license122 plate shall be covered with any material unless the material is colorless and transparent. 123 No license plate shall be covered by electric tinting as such t erm is defined in Code124 Section 40-8-73.1. No apparatus that obstructs or hinders the clear display and legibility125 of a license plate shall be attached to the rear of any motor vehicle required to be registered126 in the state. Any person who violates any provision of this Code section shall be guilty of127 a misdemeanor."128 SECTION 3.129 Said title is further amended in Code Section 40-5-29, relating to license to be carried and130 exhibited on demand, by revising paragraph (4) of subsection (b) as follows:131 "(4) By July 1, 2027 2032, all law enforcement officers shall acquire equipment capable132 of verifying a license issued in an electronic format."133 SECTION 4.134 Said title is further amended by adding a new Code section to r ead as follows:135 "40-6-395.1.136 (a) It shall be unlawful for any driver of a vehicle to willfully fail or refuse to bring his or137 her vehicle to a stop or to flee or otherwise attempt to elude a pursuing law enforcement138 vehicle or officer performing official duties on behalf of the Capitol Police Division, 139 Commercial Vehicle Enforcement Division, or Uniform Division of the Department of140 Public Safety when given a visual or an audible signal to bring the vehicle to a stop. The141 signal given by such officer may be by hand, voice, emergency light, or siren. The officer142 giving such signal shall be in uniform prominently displaying his or her badge of office,143 and his or her vehicle shall be appropriately marked showing it to be an official vehicle of144 the Department of Public Safety, including, but not limited to, vehicles specifically marked145 - 6 - 26 LC 63 0166S as Capitol Police Division, Commercial Vehicle Enforcement Division, and Georgia State146 Patrol.147 (b) The trier of fact shall determine beyond a reasonable doub t the distance the person148 actually traveled while fleeing or otherwise attempting to elude a pursuing Department of149 Public Safety vehicle or officer after such officer notified the Department of Public Safety150 dispatcher that such person was fleeing or otherwise eluding the officer. The determination151 of the distance traveled shall not be an essential element of such offense. If the distance152 traveled cannot be determined, such distance shall be presumed to be zero miles.153 (c)(1) Any person convicted of violating the provisions of sub section (a) of this Code154 section, upon a first conviction thereof, shall be guilty of a high and aggravated155 misdemeanor and, upon a second or subsequent conviction thereof, shall be guilty of a156 felony and shall be punished as follows:157 (A) Upon the first conviction, a fine not subject to suspension, stay, or probation of not158 less than $1,000.00 nor more than $5,000.00 and confinement for 30 days for each mile159 the person actually traveled while fleeing or otherwise attempting to elude a pursuing160 Department of Public Safety vehicle or officer but in no case for a period of less than 30161 days or more than 12 months. Any period of such imprisonment in excess of 30 days162 may, in the sole discretion of the judge, be suspended, stayed, or probated;163 (B) Upon the second conviction within a ten-year period of time, as measured from the164 date of previous arrest for which a conviction was obtained to the date of the current165 arrest for which a conviction is obtained, a fine not subject t o suspension, stay, or166 probation of not less than $2,500.00 nor more than $7,500.00 and imprisonment for the167 greater of 30 days for each mile the person actually traveled while fleeing or otherwise168 attempting to elude a pursuing Department of Public Safety vehi cle or officer or 90169 days but in no case for a period of more than two years; and170 (C) Upon the third or subsequent conviction within a ten-year period of time, as171 measured from the dates of previous arrests for which convictions were obtained to the172 - 7 - 26 LC 63 0166S date of the current arrest for which a conviction is obtained, a fine not subject to173 suspension, stay, or probation of not less than $5,000.00 nor more than $10,000.00 and174 imprisonment for the greater of 30 days for each mile the person actually traveled while175 fleeing or otherwise attempting to elude a pursuing Department of Public Safety vehicle176 or officer or two years but in no case for a period of more than ten years.177 (2) For the purpose of imposing a sentence under this subsecti on, a plea of nolo178 contendere shall constitute a conviction.179 (3) Upon a finding by the sentencing judge that payment of the fine required under180 subparagraphs (A) through (C) of paragraph (1) of this subsecti on would impose an181 economic hardship on the defendant, such judge may order the defendant to pay such fine182 in installments which may be enforced through a contempt proceeding or a revocation of183 any probation otherwise authorized by this subsection.184 (4) Notwithstanding the limits set forth in any municipal charter, any municipal court of185 any municipality shall be authorized to impose the punishments provided for in186 subparagraph (A) of paragraph (1) of this subsection upon a conviction of violating such187 subparagraph or upon conviction of violating any ordinance adopting the provisions of188 such subparagraph.189 (d) Any person violating the provisions of subsection (a) of this Code section who, while190 fleeing or otherwise attempting to elude a pursuing Department of Public Safety vehicle191 or officer:192 (1) Operates his or her vehicle in excess of 20 miles an hour above the posted speed193 limit;194 (2) Strikes or collides with another vehicle or a pedestrian;195 (3) Is the proximate cause of an accident;196 (4) Flees in traffic conditions which place the general public at risk of receiving serious197 injuries;198 (5) Commits a violation of:199 - 8 - 26 LC 63 0166S (A) Code Section 40-6-144;200 (B) Subsection (a) of Code Section 40-6-163;201 (C) Subsection (a) of Code Section 40-6-251;202 (D) Subsection (a) of Code Section 40-6-390;203 (E) Subsection (a) of Code Section 40-6-390.1; or204 (F) Subsection (a) of Code Section 40-6-391; or205 (6) Leaves this state206 shall be guilty of a felony punishable by a fine of not less th an $5,000.00 nor more207 than $10,000.00 and imprisonment for the greater of 30 days for each mile the person208 actually traveled while fleeing or otherwise attempting to elude a pursuing Department of209 Public Safety vehicle or officer or one year but in no case for a period of more than ten210 years.211 (e) Following adjudication of guilt or imposition of sentence for a violation of212 subparagraph (c)(1)(B) or (c)(1)(C) or subsection (d) of this C ode section, the sentence213 shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced214 to a lesser offense, merged with any other offense, or served concurrently with any other215 offense."216 SECTION 5.217 All laws and parts of laws in conflict with this Act are repealed.218 - 9 -