HB1518: HB1518 Criminal procedure; notice upon change of date, time, or location for a required court appearance from that listed upon a uniform traffic citation; provide

26 LC 39 4839 House Bill 1518 By: Representatives Lim of the 98th, Lupton of the 83rd, and Clark of the 108th A BILL TO BE ENTITLED AN ACT To amend Code Section 17-6-11 of the Official Code of Georgia A nnotated, relating to1 issuance of uniform traffic citation, failure to appear or dispose of charges, and examination2 of driver's license at motor vehicle accident scene for organ d onor designation, so as to3 provide for notice upon the change of date, time, or location for required court appearance4 from that listed upon a uniform traffic citation; to provide for additional notice prior to orders5 of license suspension for failure to appear in certain instances; to provide for related matters;6 to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to issuance of10 uniform traffic citation, failure to appear or dispose of charges, and examination of driver's11 license at motor vehicle accident scene for organ donor designation, is amended by revising12 subsections (a) and (b) as follows:13 "(a)(1) When an individual is apprehended by an officer for the violation of the laws of14 this state or ordinances relating to the offenses listed in paragraph (2) of this subsection,15 H. B. 1518 - 1 - 26 LC 39 4839 he or she may display his or her driver's license and be issued a uniform traffic citation16 in lieu of being:17 (A) Brought before the proper magistrate or other judicial officer with jurisdiction over18 the matter;19 (B) Incarcerated;20 (C) Ordered to post a bond; or21 (D) Ordered a recognizance for his or her appearance for trial.22 (2) This subsection shall apply to any violation:23 (A) Of Title 40 except any offense:24 (i) For which a driver's license may be suspended for a first offense by the25 commissioner of driver services;26 (ii) Covered under Code Section 40-5-54; or27 (iii) Covered under Article 15 of Chapter 6 of Title 40;28 (B) Involving the width, height, and length of vehicles and loads;29 (C) Involving motor common carriers and motor contract carriers;30 (D) Involving hazardous materials transportation; or31 (E) Involving road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title32 48.33 (3) The apprehending officer shall include the individual's driver's license number on the34 uniform traffic citation. When an apprehending officer issues a citation based on35 information received from another law enforcement officer who o bserved the offense36 being committed, the citation shall list the name of each offic er. The uniform traffic37 citation, duly served as provided in this Code section, shall g ive the judicial officer38 jurisdiction to dispose of the matter.39 (4) Upon display of the driver's license, the apprehending off icer shall release the40 individual so charged for his or her further appearance before the proper judicial officer41 with jurisdiction over the matter as required by the uniform traffic citation.42 H. B. 1518 - 2 - 26 LC 39 4839 (5) When the scheduled court appearance stated on a uniform traffic citation is changed43 by the judicial officer with jurisdiction over the matter, the clerk of court for such44 jurisdiction shall notify the accused by first-class mail or by postcard at the address listed45 on the uniform traffic citation of the new date, time, and location required for his or her46 appearance to dispose of the matter. Such notification shall be sent no later than 15 days47 prior to the date which appeared on the uniform traffic citation as the date required for48 appearance by the accused.49 (b)(1)(A) When a uniform traffic citation is issued and if the accused fails to appear for50 court or otherwise dispose of his or her charges before his or her scheduled court51 appearance as stated on the uniform traffic citation, prior to the court issuing a bench52 warrant, the clerk of court shall notify the accused by first-class mail or by postcard at53 the address listed on the uniform traffic citation of his or he r failure to appear. Such54 notice shall be dated and allow the accused 30 days from such date to dispose of his or55 her charges or waive arraignment and plead not guilty. If after the expiration of such56 30 day period the accused fails to dispose of his or her charge s or waive arraignment57 and plead not guilty, the clerk of court in which the charges are lodged shall, within five58 days of such date, forward to the Department of Driver Services the accused's driver's59 license number unless otherwise ordered by the court.60 (B) When a uniform traffic citation is issued and if the accused fails to appear for court61 or otherwise dispose of his or her charges before his or her scheduled court appearance62 as stated upon the notification from the clerk of court pursuan t to paragraph (5) of63 subsection (a) of this Code section, prior to the court issuing a bench warrant, the clerk64 of court shall notify the accused by first-class mail or by postcard at the address listed65 on the uniform traffic citation of his or her failure to appear. Such notice shall be dated66 and allow the accused 30 days from such date to dispose of his or her charges or waive67 arraignment and plead not guilty. If after the expiration of s uch 30 day period the68 accused fails to dispose of his or her charges or waive arraignment and plead not guilty,69 H. B. 1518 - 3 - 26 LC 39 4839 the clerk of court in which the charges are lodged shall send a second notice to the70 accused by first-class mail or by postcard at the address liste d on the uniform traffic71 citation of his or her failure to appear. Such second notice shall be dated and allow the72 accused 30 days from such date to dispose of his or her charges or waive arraignment73 and plead not guilty. If after the expiration of the additional 30 day period, the accused74 again fails to dispose of his or her charges or waive arraignment and plead not guilty,75 the clerk of court in which the charges are lodged shall, within five days of such date,76 forward to the Department of Driver Services the accused's driv er's license number77 unless otherwise ordered by the court.78 (C) The commissioner of driver services shall, upon receipt of such a driver's license79 number pursuant to this paragraph, suspend such accused's driver's license and driving80 privilege until notified by the clerk of court that such driver's license is to be reinstated. 81 Such accused's driver's license shall be reinstated when the ac cused has scheduled a82 new date to appear before the court; has appeared in court for a hearing, arraignment,83 or waiver of arraignment and entry of a plea; or the charge against the accused has been84 finally adjudicated and the Department of Driver Services receives notice to reinstate85 the license by the court and the accused individual pays to the Department of Driver86 Services the applicable restoration fee as set forth in Code Section 40-5-56, unless such87 fee is waived by the court or otherwise as provided by law.88 (2)(A) The scheduling of a new date to appear before the court for disposition of a89 uniform traffic citation shall not be conditioned upon payment of any fee for a previous90 failure to appear.91 (B) After the clerk of court has notified the Department of Driver Services of a license92 reinstatement based upon a newly scheduled date for an accused to appear before the93 court pursuant to paragraph (1) of this subsection, when the ac cused requests, for a94 second or subsequent time, a new date for disposition of the sa me uniform traffic95 citation, the court may forward to the Department of Driver Ser vices the accused's96 H. B. 1518 - 4 - 26 LC 39 4839 driver's license number. The commissioner of driver services s hall suspend such97 accused's driver's license and driving privilege until notified by the clerk of court that98 the driver's license of the accused is to be reinstated. Nothing in this subsection shall99 require a clerk of court to suspend the driver's license of an accused who schedules a100 second or subsequent new date for disposition of the same unifo rm traffic citation101 pursuant to this subparagraph.102 (C) When the accused fails, for a second or subsequent time, t o appear for court or103 otherwise dispose of his or her charges before his or her newly scheduled court104 appearance for disposition of the same uniform traffic citation, the court may forward105 to the Department of Driver Services the accused's driver's lic ense number. The106 commissioner of driver services shall suspend such accused's dr iver's license and107 driving privilege until notified by the clerk of court that the driver's license of the108 accused is to be reinstated. Nothing in this subsection shall require a clerk of court to109 suspend the driver's license of an accused who fails to appear for court pursuant to this110 subparagraph.111 (D) Nothing in this subsection shall prevent a court from esta blishing a policy or112 practice, by standing order or otherwise, to reinstate such accused driver's license.113 (E) Any notification to suspend or reinstate such accused driver's license and driving114 privileges shall be compliant with procedures established by the Department of Driver115 Services.116 (3) This subsection shall not apply to any violation of Title 40:117 (A) For which a driver's license may be suspended for a first offense by the118 commissioner of driver services;119 (B) Covered under Code Section 40-5-54; or120 (C) Covered under Article 15 of Chapter 6 of Title 40."121 H. B. 1518 - 5 - 26 LC 39 4839 SECTION 2.122 All laws and parts of laws in conflict with this Act are repealed.123 H. B. 1518 - 6 -