1999 LEGISLATIVE CHANGES

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Effective May 1, 1999

Click the Following Link to Y2K Legislative Changes for Modifications to this Bill

Senate Bill 164 is also known as “Heidi’s Law.” Governor Barnes signed it in April and it became effective May 1, 1999. SB 164 modifies portions of O.C.G.A. Sections 17-6-1, 17-10-3.1, 40-5-64, 40-5-121, 40-6-391, 40-6-393, 40-6-394, and 42-8-111.

O.C.G.A. Section 17-6-1 (f) (5)

This is a new subsection, which provides that bail for offenses involving violations of 40-6-393 (Homicide by Vehicle) shall be set by a judge on an individual basis and not according to a schedule of bails.

O.C.G.A. Section 17-10-3.1

The prior version of this code section provided that violators of 40-6-391 (k) [underage DUI] could serve any confinement on weekends or non-working hours. It also provided that these violators would be kept segregated from all offenders other than other underage DUI offenders. The new version applies these provisions only to underage first offenders.

O.C.G.A. Section 40-5-64

This is the limited driving permit statute. It formerly provided that if a license is suspended in accordance with 40-5-22 (a.1) (2) [giving notice to minor of license suspension for dropping out of school, unexcused absences, etc.], 40-5-63 (a) (1) [Homicide by Vehicle, etc.], or 40-5-67.2 (a) (1) [implied consent suspension], a person could apply for a limited driving permit.

The new language provides that in order to apply for a license suspended in accordance with the above statutes, the person cannot have a conviction or delinquent adjudication for violation of 40-6-391 (DUI) within the past five years.

O.C.G.A. Se ction 40-5-121

This statute provides for penalties for driving on a suspended license. The only modification to this statute pertains to first offenders. Under the former statute, sentencing for first offenders ran from a minimum of two days to six months. Under the new statute, the maximum is now twelve months.

O.C.G.A. Section 40-6-391

(a) New subsections were added requiring twelve months probation less any incarceration for all DUI cases.

(b) 40-6-391 (j) (1) formerly provided that for a third DUI within a five year period, the clerk of the court is required to publish a notice of conviction in the legal organ of the county in which the person resides. If the person is a non-resident, the publication will be in the legal organ of the county of conviction. NOW publication applies to second or subsequent offenses within a five-year period.

O.C.G.A. Section 40-6-393

This is the Homicide by Vehicle statute. The sentence for first degree Homicide by Vehicle has been increased from 2-15 years to 3-15 years. Additionally, if the defendant is HV (Habitual Violator) pursuant to Code Section 40-5-58 and causes the death of another while driving, the sentencing has increased from 3-15 years to 5-20 years.

O.C.G.A. Section 40-6-394

The penalty for Serious Injury by Vehicle has increased from 1-5 years to 1-15 years.

O.C.G.A. Section 42-8-111

Ignition Interlock Devices. Formerly, upon a second DUI conviction within a 5 year period, the court could order no driving for a minimum of six months unless the car was equipped with a functioning, certified ignition interlock device. Now, if someone is convicted of a second lifetime DUI, the court shall order no driving for at least six months unless the vehicle is equipped with a functioning, certified ignition interlock device.

An interesting note: The statute only says this applies to a second DUI. It says nothing of first, third or subsequent DUIs.

	SYNOPSIS OF 1999 LEGISLATIVE CHANGES
	By J. Michael Mullis, The DUI GUY