HB 879: Motor vehicles; penalty for violations captured by school bus camera; provisions

House Bill 879

By: Representatives Parsons of the 44th, Barton of the 5th, McCollum of the 30th, Powell of the 33rd, Scoggins of the 14th, and others

A BILL TO BE ENTITLED

AN ACT

To amend Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to duty of driver of vehicle meeting or overtaking school bus, reporting of violations, and civil monetary penalty for violations captured by school bus camera, so as to revise penalties; to authorize alteration or suspension of such penalty; to provide for obtaining motor vehicle owner information from the Department of Revenue; to provide for a conspicuous statement of the right to contest such penalty in court in the mailing sent to a motor vehicle owner; to provide for the allocation of money collected; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Code Section 40-6-163 of the Official Code of Georgia Annotated, relating to duty of driver of vehicle meeting or overtaking school bus, reporting of violations, and civil monetary penalty for violations captured by school bus camera, is amended by revising subsection (a), subparagraphs (d)(3)(A) and (d)(3)(B), and paragraph (15) of subsection (d) as follows: "(a) Except as provided in subsection (b) of this Code section, the driver of a vehicle meeting or overtaking from either direction any school bus stopped on the highway shall stop before reaching such school bus when there are in operation on the school bus the visual signals as specified in Code Sections 40-8-111 and 40-8-115, and such driver shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. A violation of this subsection for which a driver has been issued a uniform traffic citation shall be punished as for a high and aggravated misdemeanor and upon conviction thereof shall be punished by a fine of not less than $500.00 but not more than $1,000.00 or by confinement for not more than 12 months, or both."

"(A) The owner of a motor vehicle shall be liable for a civil monetary penalty to the governing body of the law enforcement agency provided for in subparagraph (B) of this paragraph if such vehicle is found, as evidenced by recorded images, to have been operated in disregard or disobedience of subsection (a) of this Code section and such disregard or disobedience was not otherwise authorized by law. The amount of such civil monetary penalty shall be not less than $500.00 but not more than $1,000.00; provided, however, that any court determining liability under this subsection shall be authorized to amend, modify, alter, suspend, or probate such civil monetary penalty;

(B) The law enforcement agency authorized to enforce the provisions of this Code section shall send by first class mail addressed to the owner of the motor vehicle not later than ten days after obtaining the name and address of the owner of the motor vehicle from the records of the Department of Revenue:

(i) A citation for the alleged violation, which shall include the date and time of the violation, the location of the infraction, the amount of the civil monetary penalty imposed, and the date by which the civil monetary penalty shall be paid;

(ii) An image taken from the recorded image showing the vehicle involved in the infraction;

(iii) A copy of a certificate sworn to or affirmed by a certified peace officer employed by a law enforcement agency authorized to enforce this Code section and stating that, based upon inspection of recorded images, the owner's motor vehicle was operated in disregard or disobedience of subsection (a) of this Code section and that such disregard or disobedience was not otherwise authorized by law;

(iv) A statement of the inference provided by subparagraph (D) of this paragraph and of the means specified therein by which such inference may be rebutted;

(v) Information advising the owner of the motor vehicle of the manner and time in which liability as alleged in the citation may be contested in court, including the following statement in at least 12 point font in a conspicuous location on the front of the first page of such mailing: 'YOU HAVE A RIGHT TO CONTEST THIS PENALTY IN COURT'; and

(vi) A warning that failure to pay the civil monetary penalty or to contest liability in a timely manner shall waive any right to contest liability and result in a civil monetary penalty;"

"(15)(A) As used in this paragraph, the term 'school safety purposes' means activities incident to the establishment, procurement, or maintenance of safety measures within public or private elementary or secondary schools that enhance and ensure the protection of students, staff, and visitors to such a school, including, but not limited to, access control systems, communication systems, cyber security measures, perimeter security systems, surveillance systems, visitor management systems, employment of crossing guards, and safety protocol training. Such purposes may further include mental health support services in collaboration with law enforcement to address safety concerns proactively.

(B) The money collected and remitted to the governing body pursuant to subparagraph (B) of paragraph (3) of this subsection shall only be used by such governing body to fund local law enforcement or public safety initiatives be allocated by such governing body equally among all schools within the jurisdiction of the governing body for school safety purposes. This paragraph shall not preclude the appropriation of a greater amount than collected and remitted under this subsection."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.