16-9-5. Counterfeit or false proof of insurance document.

Code 1981, § 16-9-5, enacted by Ga. L. 1990, p. 1440, § 1; Ga. L. 1991, p. 94, § 16; Ga. L. 2000, p. 429, § 2; Ga. L. 2017, p. 417, § 5-1/SB 104.

Ga. L. 2000, p. 429, § 1, not codified by the General Assembly, provides: ‘‘(a) The General Assembly finds that a significant number of motor vehicle owners in this state fail to meet the requirements of existing law for minimum motor vehicle liability insurance. The General Assembly finds further that enforcement of such requirements is made difficult by existing methods and procedures for tracking insurance coverage and providing proof of insurance. ‘‘(b) The General Assembly declares that the purpose of this Act is to improve enforcement of minimum motor vehicle liability insurance requirements by providing the Department of Public Safety with updated information from insurers regarding those vehicles for which minimum motor vehicle liability insurance coverage is in effect, which information may be made accessible to law enforcement officers throughout the state, all without hampering the underwriting activities of any insurer or changing existing penalties for operating a motor vehicle without minimum liability insurance coverage.’’

For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 61 (2017). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

The 2017 amendment, effective July 1, 2017, added ‘‘that he or she knows to be a counterfeit or false proof of insurance document’’ at the end of paragraph (b)(2); substituted the present provisions of paragraph (c)(1) for the former provisions, which read: ‘‘Any person who violates paragraph (1) of subsection (b) of this Code section on the first offense shall be guilty of a misdemeanor. Any person who violates paragraph (1) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both.’’; and, in paragraph (c)(2), inserted ‘‘upon conviction’’ and inserted ‘‘and be punished as for’’.