HB1265: HB1265 Traffic offenses; fleeing or attempting to elude a pursuing vehicle or law enforcement officer performing duties; provisions

26 LC 63 0090 House Bill 1265 By: Representatives McDonald III of the 26th, Smith of the 18th, Crowe of the 118th, Hitchens of the 161st, Kelley of the 16th, and others A BILL TO BE ENTITLED AN ACT To amend Article 15 of Chapter 6 of Title 40 of the Official Co de of Georgia Annotated,1 relating to serious traffic offenses, so as to create an offense for fleeing or attempting to elude2 a pursuing vehicle or law enforcement officer performing duties on behalf of the Capitol3 Police Division, Commercial Vehicle Enforcement Division, or U niform Division of the4 Department of Public Safety; to provide for penalties based on the distance a person fled or5 otherwise attempted to elude a pursuing vehicle or law enforcement officer performing duties6 on behalf of the Department of Public Safety; to provide for re lated matters; to repeal7 conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Article 15 of Chapter 6 of Title 40 of the Official Code of Geo rgia Annotated, relating to11 serious traffic offenses, is amended by adding a new Code section to read as follows:12 "40-6-395.1.13 (a) It shall be unlawful for any driver of a vehicle to willfully fail or refuse to bring his or14 her vehicle to a stop or to flee or otherwise attempt to elude a pursuing law enforcement15 vehicle or officer performing official duties on behalf of the Capitol Police Division, 16 H. B. 1265 - 1 - 26 LC 63 0090 Commercial Vehicle Enforcement Division, or Uniform Division of the Department of17 Public Safety when given a visual or an audible signal to bring the vehicle to a stop. The18 signal given by such officer may be by hand, voice, emergency light, or siren. The officer19 giving such signal shall be in uniform prominently displaying his or her badge of office,20 and his or her vehicle shall be appropriately marked showing it to be an official vehicle of21 the Department of Public Safety, including, but not limited to, vehicles specifically marked22 as Capitol Police Division, Commercial Vehicle Enforcement Division, and Georgia State23 Patrol.24 (b) The trier of fact shall determine beyond a reasonable doub t the distance the person25 actually traveled while fleeing or otherwise attempting to elude a pursuing Department of26 Public Safety vehicle or officer after such officer notified the Department of Public Safety27 dispatcher that such person was fleeing or otherwise eluding the officer. The determination28 of the distance traveled shall not be an essential element of such offense. If the distance29 traveled cannot be determined, such distance shall be presumed to be zero miles.30 (c)(1) Any person convicted of violating the provisions of sub section (a) of this Code31 section, upon a first conviction thereof, shall be guilty of a high and aggravated32 misdemeanor and, upon a second or subsequent conviction thereof, shall be guilty of a33 felony and shall be punished as follows:34 (A) Upon the first conviction, a fine not subject to suspension, stay, or probation of not35 less than $1,000.00 nor more than $5,000.00 and confinement for 30 days for each mile36 the person actually traveled while fleeing or otherwise attempting to elude a pursuing37 Department of Public Safety vehicle or officer but in no case for a period of less than38 30 days or more than 12 months. Any period of such imprisonmen t in excess of 3039 days may, in the sole discretion of the judge, be suspended, stayed, or probated;40 (B) Upon the second conviction within a ten-year period of time, as measured from the41 date of previous arrest for which a conviction was obtained to the date of the current42 arrest for which a conviction is obtained, a fine not subject t o suspension, stay, or43 H. B. 1265 - 2 - 26 LC 63 0090 probation of not less than $2,500.00 nor more than $7,500.00 and imprisonment for the44 greater of 30 days for each mile the person actually traveled while fleeing or otherwise45 attempting to elude a pursuing De partment of Public Safety vehi cle or officer or 9046 days but in no case for a period of more than 2 years; and47 (C) Upon the third or subsequent conviction within a ten-year period of time, as48 measured from the dates of previous arrests for which convictions were obtained to the49 date of the current arrest for which a conviction is obtained, a fine not subject to50 suspension, stay, or probation of not less than $5,000.00 nor more than $10,000.00 and51 imprisonment for the greater of 30 days for each mile the person actually traveled while52 fleeing or otherwise attempting to elude a pursuing Department of Public Safety vehicle53 or officer or two years but in no case for a period of more than ten years.54 (2) For the purpose of imposing a sentence under this subsecti on, a plea of nolo55 contendere shall constitute a conviction.56 (3) Upon a finding by the sentencing judge that payment of the fine required under57 subparagraphs (A) through (C) of paragraph (1) of this subsecti on would impose an58 economic hardship on the defendant, such judge may order the defendant to pay such fine59 in installments which may be enforced through a contempt proceeding or a revocation of60 any probation otherwise authorized by this subsection.61 (4) Notwithstanding the limits set forth in any municipal charter, any municipal court of62 any municipality shall be authorized to impose the punishments provided for in63 subparagraph (A) of paragraph (1) of this subsection upon a conviction of violating such64 subparagraph or upon conviction of violating any ordinance adopting the provisions of65 such subparagraph.66 (d) Any person violating the provisions of subsection (a) of this Code section who, while67 fleeing or otherwise attempting to elude a pursuing Department of Public Safety vehicle68 or officer:69 H. B. 1265 - 3 - 26 LC 63 0090 (1) Operates his or her vehicle in excess of 20 miles an hour above the posted speed70 limit;71 (2) Strikes or collides with another vehicle or a pedestrian;72 (3) Is the proximate cause of an accident;73 (4) Flees in traffic conditions which place the general public at risk of receiving serious74 injuries;75 (5) Commits a violation of:76 (A) Code Section 40-6-144;77 (B) Subsection (a) of Code Section 40-6-163;78 (C) Subsection (a) of Code Section 40-6-251;79 (D) Subsection (a) of Code Section 40-6-390;80 (E) Subsection (a) of Code Section 40-6-390.1; or81 (F) Subsection (a) of Code Section 40-6-391; or82 (6) Leaves this state83 shall be guilty of a felony punishable by a fine of not less th an $5,000.00 nor more84 than $10,000.00 and imprisonment for the greater of 30 days for each mile the person85 actually traveled while fleeing or otherwise attempting to elude a pursuing Department of86 Public Safety vehicle or officer or one year but in no case for a period of more than ten87 years.88 (e) Following adjudication of guilt or imposition of sentence for a violation of89 subparagraph (c)(1)(B) or (c)(1)(C) or subsection (d) of this C ode section, the sentence90 shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced91 to a lesser offense, merged with any other offense, or served concurrently with any other92 offense."93 SECTION 2.94 All laws and parts of laws in conflict with this Act are repealed.95 H. 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