SFA to HB 308 to HB 308

SENATE AMENDMENT TO HB 308 ADOPTED SENATE Amend HB 308 (LC 39 4652S) by replacing line 8 with the following: to provide a sentencing court with authority to order the installation of a device which limits the speed of a motor vehicle as part of the punishment for conviction of the offense of reckless stunt driving; to provide for procedures and conditions upon issuance of such orders; to provide for notification to the Department of Revenue; to provide for a penalty; to revise and provide for definitions; to provide that fingerprints shall not be obtained for offenses relating to operation of a motor vehicle with unauthorized levels of window or windshield tinting or unlawful installation of such; to revise and provide for a definition; to provide for the issuance of a refusal to sign citation; to provide for a penalty; to amend Code Section 48-5-473 of the Official Code By replacing "such vehicles" with "miniature on-road vehicles" on line 11. By inserting the following between lines 200 and 201: Said title is further amended in Code Section 40-6-390.1, relating to reckless stunt driving, by adding a new subsection to read as follows: "(b.1)(1) As used in this subsection, the term 'intelligent speed assistance device' means a device designed to be installed within a motor vehicle to actively monitor and prevent the operator from exceeding a preset speed. Such term shall not include any technology provided by the motor vehicle manufacturer as a component of a motor vehicle that controls or affects the speed of a motor vehicle. (2) Upon conviction of a violation of this Code section and in addition to the punishment provided for in subsection (a) of this Code section, a court shall be authorized to order the installation of an intelligent speed assistance device upon the motor vehicle operated by the offender during such violation when the offender is the registered owner of such motor vehicle as shown in the records of the Department of Revenue. Such order shall set the maximum speed limit for an intelligent speed assistance device installed upon a motor vehicle at a speed limit of no greater than 20 percent above the posted speed limit. An intelligent speed assistance device shall be installed within ten days of the issuance of such order and remain on the vehicle for a period of time ordered by the court which shall be no less than six months. The costs relating to the installation of an intelligent speed assistance device upon a motor vehicle and any monitoring thereof shall be borne by the offender. Any court which orders an intelligent speed assistance device to be placed upon a motor vehicle pursuant to this subsection shall provide the Department of Revenue with a copy of such order. The records of the Department of Revenue shall contain a record reflecting that the motor vehicle shall only be operated when equipped with a functioning intelligent speed assistance device. The operation of a motor vehicle without an intelligent speed assistance device for which an order for installation of an intelligent speed assistance device has been issued pursuant to this subsection by the offender issued such order shall be punished as for a misdemeanor." SECTION 11. Said title is further amended in Code Section 40-8-73.1, relating to tinting of windows or windshields of motor vehicles, by revising subsection (h) as follows: "(h) Any person who violates subsection (b) or (e) of this Code section shall be guilty of a misdemeanor; provided, however, that no fingerprints shall be obtained for a violation of this Code section." SECTION 12. Said title is further amended in Code Section 40-13-2.1, relating to signature on citations required, effect of failure to sign, exemption for out-of-state drivers, and electronic capture of signature, by revising subsection (a) as follows: "(a) A person who is issued a citation as provided in this chapter or Code Section 17-6-11, relating to display of driver's license in lieu of bail, shall may sign the citation to acknowledge receipt of the citation and of his or her obligation to appear for trial. The officer shall advise the person that signing the citation is not an admission of guilt and that failure to sign will result in the person having to post a cash bond appear for trial. If the person refuses to sign the citation, it shall constitute reasonable cause to believe that the person will not appear at trial and the officer shall write 'Refusal to Sign' on such citation and shall give the citation to such person. The officer may bring the person before a judicial officer or traffic violations bureau to post a bond as is otherwise provided by law." SECTION 13. By renumbering the remaining sections of the bill accordingly.