LC 41 0288

The Georgia Road Safety and Drivers License Integrity Act – 2015 Session

Pre-filed as SB 6 November 17, 2014 Georgia state Senator Josh McKoon, sponsor

A BILL TO BE ENTITLED AN ACT
1 To amend Chapters 5, 11, and 16 of Title 40 of the Official Code of Georgia Annotated, 

2 relating to drivers’ licenses, abandoned motor vehicles, and the Department of Driver 

3 Services, respectively, so as to provide that persons who possess a lawful alien status are the 

4 only category of noncitizens who may obtain a license, permit, or card; to provide for 

5 definitions; to provide for the storing and furnishing of information on records of noncitizens 

6 by the Department of Driver Services; to require the Department of Driver Services to obtain 

7 fingerprints or another biological characteristic from noncitizen applicants prior to the 

8 issuance of a temporary license, permit, or special identification card; to provide that a 

9 temporary license, permit, or special identification card issued to a noncitizen shall bear 

10 thereon the fingerprint of the noncitizen applicant; to provide for penalties; to revise penalties 

11 for the offense of driving while license is suspended or revoked; to provide that any motor 

12 vehicle operated by a person without a license may be subject to removal at the discretion 

13 of any peace officer; to provide that such motor vehicles shall not be released for 60 days; 

14 to provide for exceptions; to provide for return of the vehicle; to require the Department of 

15 Driver Services to participate in the Records and Information from DMVs for E-Verify 

16 initiative of the United States Department of Homeland Security; to provide for related 

17 matters; to repeal conflicting laws; and for other purposes. 


18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 


19 SECTION 1. 

20 Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers’ licenses, 

21 is amended by revising paragraphs (11), (13.5), and (15) of Code Section 40-5-1, relating to 

22 definitions, as follows: 

23 4(11) ‘Lawful alien status’ means an alien status provided for by the federal Immigration 

24 and Nationality Act or any other provision by the United States Congress; provided, 

25 however, that lawful alien status shall not include a grant of any deferred deportation 

26 action from the United States Department of Homeland Security Reserved.4 

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27 4(13.5) ‘Personal information’ means any information that identifies a person, including 

28 but not limited to an individual’s fingerprint or other biological characteristic which shall 

29 include without limitation deoxyribonucleic acid (DNA) and retinal scan identification 

30 characteristics, photograph, or computerized image, social security number, driver 

31 identification number, name, address (other than five-digit ZIP Code), telephone number, 

32 and medical or disability information.4 

33 4(15) ‘Resident’ means a person who has a permanent home or abode in Georgia to 

34 which, whenever such person is absent, he or she has the intention of returning. For the 

35 purposes of this chapter, there is a rebuttable presumption that the following person is a 

36 resident: 

37 (A) Any person who accepts employment or engages in any trade, profession, or 

38 occupation in Georgia or enters his or her children to be educated in the private or 

39 public schools of Georgia within ten days after the commencement of such employment 

40 or education; or 

41 (B) Any person who, except for infrequent, brief absences, has been present in the state 

42 for 30 or more days; 

43 provided, however, that no person shall be considered a resident for purposes of this 

44 chapter unless such person is either a United States citizen or an alien with legal 

45 authorization from the U.S. Immigration and Naturalization Service present in the United 

46 States pursuant to a lawful alien status.4 


47 SECTION 2. 

48 Said chapter is further amended by revising subsections (e) and (k) of Code Section 40-5-2, 

49 relating to keeping of records of applications for licenses and information on licenses and the 

50 furnishing of information on records, as follows: 

51 4(e) Upon written request or participation in verification programs of the United States 

52 Department of Homeland Security, including without limitation the initiative provided for 

53 under Code Section 40-16-9, the department may provide copies of any record or personal 

54 information from any driver’s record for use by any appropriate governmental official, 

55 entity, or agency for the purposes of carrying out official governmental functions or 

56 legitimate governmental duties; provided, however, that notwithstanding the definition of 

57 personal information under Code Section 40-5-1, personal information furnished under this 

58 subsection shall be limited to name, address, driver identification number, and medical or 

59 disability information, except for personal information related to a temporary license, 

60 permit, or special identification card issued to a noncitizen pursuant to Code Section 

61 40-5-21.1 which shall not be so limited.4 

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62 4(k)(1) The department, pursuant to rules and regulations promulgated by the 

63 commissioner, may periodically review all records maintained pursuant to this Code 

64 section and shall correct those records which contain known improper, false, fraudulent, 

65 or invalid information. 

66 (2) Not later than July 31, 2006, the department shall destroy all records of fingerprints 

67 obtained on and after April 15, 1996, and prior to July 1, 2006, from applicants for 

68 drivers’ licenses, identification cards, and identification cards for persons with disabilities 

69 issued by the department and shall compile and make available for public inspection a list 

70 of all persons or entities to whom the department provided such fingerprint records. 

71 Notwithstanding the provisions of this paragraph, and except as provided for under Code 

72 Sections 40-5-21.1, fingerprint images electronically stored on existing drivers’ licenses 

73 will be destroyed upon application for a renewal of the driver’s license.4 


74 SECTION 3. 

75 Said chapter is further amended by revising Code Section 40-5-21.1, relating to temporary 

76 licenses, permits, or special identification cards, foreign licenses or identification cards as 

77 evidence of legal presence in the United States, and extensions, as follows: 

78 440-5-21.1. 

79 (a) Notwithstanding any other provision of this title and subject to subsection (d) of this 

80 Code section, an applicant who presents in person valid documentary evidence of: 

81 (1) Admission to the United States in a valid, unexpired nonimmigrant status; 

82 (2) A pending or approved application for asylum in the United States; 

83 (3) Admission into the United States in refugee status; 

84 (4) An approved application for temporary protected status in the United States; 

85 (5) Approved deferred action status; 

86 (6) Other federal documentation verified by the United States Department of Homeland 

87 Security to be valid documentary evidence of lawful presence in the United States under 

88 federal immigration law alien status; or 

89 (7)(6) Verification of lawful presence alien status as provided by Code Section 40-5-21.2 

90 may be issued a temporary license, permit, or special identification card. Such temporary 

91 license, permit, or special identification card shall be valid only during the period of time 

92 of the applicant’s authorized stay in the United States or five years, whichever occurs first. 

93 (b) A driver’s license or identification card issued by any state or territory which, on or 

94 after July 1, 2006, authorized such driver’s license or identification card to be issued to 

95 persons not lawfully present in the United States who do not have a lawful alien status may 

96 not be accepted as evidence of legal presence in the United States lawful alien status. 

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97 (c) Any noncitizen applicant who possesses a lawful alien status and whose Georgia 

98 driver’s license or identification card has expired, or will expire within 30 days, and who 

99 has filed, or on whose behalf has been filed, a request for an extension with the United 

100 States Department of Homeland Security, or similar such federal issuing agency, for time 

101 to remain lawfully within the United States shall be issued a temporary driving permit or 

102 identification card valid for 120 days from the date of the expiration of his or her valid 

103 driver’s license or identification card. The noncitizen applicant shall be required to present 

104 evidence of the application for extension by submitting a copy or copies of documentation 

105 designated by the department. A temporary driving permit or identification card shall be 

106 issued upon submission of the required documentation and an application fee in an amount 

107 to be determined by the department. Upon the expiration of the temporary driving permit 

108 or identification card, no further consecutive temporary permits or identification cards shall 

109 be authorized; provided, however, that application may be made following the expiration 

110 of an additional valid Georgia driver’s license or identification card. 

111 (d)(1) On or after July 1, 2015, prior to the issuance of a temporary license, permit, or 

112 special identification card under subsection (a) of this Code section, the department shall 

113 obtain a fingerprint or other biological characteristic of the applicant. On or after July 1, 

114 2015, prior to the issuance of a temporary driving permit or identification card under 

115 subsection (c) of this Code section, the department shall obtain a fingerprint or other 

116 biological characteristic of the applicant if such fingerprint or other biological 

117 characteristic was not obtained from such applicant upon the issuance of a temporary 

118 license, permit, or special identification card under subsection (a) of this Code section. 

119 (2) The fingerprint provided for under paragraph (1) of this subsection shall be of the 

120 applicant’s index finger on his or her right hand; provided, however, that if such 

121 applicant’s index finger on his or her right hand is missing or not suitable for 

122 fingerprinting, then such fingerprint shall be of the applicant’s index finger on his or her 

123 left hand. The commissioner shall promulgate rules and regulations for obtaining a 

124 biological characteristic, including without limitation deoxyribonucleic acid (DNA) or 

125 retinal scan identification characteristics, of such applicants who have no fingers for 

126 fingerprinting. 

127 (3) In addition to the requirements provided for under Code Section 40-5-28, a 

128 temporary license, permit, or special identification card issued pursuant to this Code 

129 section on or after January 1, 2016, shall bear thereon the fingerprint as obtained from the 

130 applicant under this subsection with a notation as to which finger the fingerprint 

131 represents; provided, however, that if a biological characteristic other than a fingerprint 

132 has been obtained from the applicant, then the type of biological characteristic that has 

133 been obtained from the applicant shall be noted on such license, permit, or card.4 

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134 SECTION 4. 

135 Said chapter is further amended by revising subsection (b) of Code Section 40-5-21.2, 

136 relating to compliance with the Systematic Alien Verification for Entitlements Program, 

137 application, and implementation, as follows: 

138 4(b) The department shall utilize the following procedures in this subsection before issuing 

139 an identification card, license, permit, or other official document to an applicant who is a 

140 noncitizen: 

141 (1) The department shall attempt to confirm through the SAVE program that the 

142 applicant is lawfully present in the United States possesses a lawful alien status; and 

143 (2) If the SAVE program does not provide sufficient information to the department to 

144 make a determination, the department shall be authorized to accept verbal or, e-mail, or 

145 other means of confirmation of the legal alien status of the applicant from the Department 

146 of Homeland Security and shall require such applicant to execute a signed and sworn 

147 affidavit verifying that he or she possesses a lawful alien status and is not a current 

148 recipient of a grant of deferred action from the United States Department of Homeland 

149 Security. Any person who knowingly and willfully makes a false, fictitious, or fraudulent 

150 statement of representation in an affidavit executed pursuant to this Code section shall 

151 be guilty of a violation of Code Section 16-10-20.4 


152 SECTION 5. 

153 Said chapter is further amended by revising subsection (a) of Code Section 40-5-28, relating 

154 to the issuance of licenses and contents, as follows: 

155 4(a) Except as provided in subsection (c) of this Code section, the department shall, upon 

156 payment of the required fee, issue to every applicant qualifying therefor a driver’s license 

157 indicating the type or general class of vehicles the licensee may drive, which license shall 

158 be upon a form prescribed by the department and which shall bear thereon a distinguishing 

159 number assigned to the licensee, a color photograph of the licensee, the licensee’s full legal 

160 name, either a facsimile of the signature of the licensee or a space upon which the licensee 

161 shall write his or her usual signature with a pen and ink immediately upon receipt of the 

162 license, and such other information or identification as is required by the department. No 

163 license shall be valid until it has been so signed by the licensee. Except as provided for 

164 under Code Section 40-5-21.1, the The department shall not require applicants to submit 

165 or otherwise obtain from applicants any fingerprints or any other biological characteristic 

166 or information which uniquely identifies an individual, including without limitation 

167 deoxyribonucleic acid (DNA) and retinal scan identification characteristics but not 

168 including a photograph, by any means upon application.4 

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169 SECTION 6. 

170 Said chapter is further amended by revising subsection (a) of Code Section 40-5-121, relating 

171 to driving while license is suspended or revoked, as follows: 

172 4(a) Except when a license has been revoked under Code Section 40-5-58 as a habitual 

173 violator, any person who drives a motor vehicle on any public highway of this state without 

174 being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his 

175 or her privilege to so drive is suspended, disqualified, or revoked shall be guilty of a 

176 misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of 

177 nolo contendere within five years, as measured from the dates of previous arrests for which 

178 convictions were obtained to the date of the current arrest for which a conviction is 

179 obtained or a plea of nolo contendere is accepted, shall be fingerprinted and shall be 

180 punished by imprisonment for not less than two days nor more than 12 months, and there 

181 may be imposed in addition thereto a fine of not less than $500.00 $1,000.00 nor more than 

182 $1,000.00 $2,500.00. Such fingerprints, taken upon conviction, shall be forwarded to the 

183 Georgia Crime Information Center where an identification number shall be assigned to the 

184 individual for the purpose of tracking any future violations by the same offender. For the 

185 second and third conviction within five years, as measured from the dates of previous 

186 arrests for which convictions were obtained or pleas of nolo contendere were accepted to 

187 the date of the current arrest for which a conviction is obtained or a plea of nolo contendere 

188 is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall 

189 be punished by imprisonment for not less than ten days nor more than 12 months, and there 

190 may be imposed in addition thereto a fine of not less than $1,000.00 $2,500.00 nor more 

191 than $2,500.00 $5,000.00. For the third and fourth convictions or a subsequent conviction 

192 within five years, as measured from the dates of previous arrests for which convictions 

193 were obtained or pleas of nolo contendere were accepted to the date of the current arrest 

194 for which a conviction is obtained or a plea of nolo contendere is accepted, such person 

195 shall be guilty of a felony and shall be punished by imprisonment for not less than one year 

196 and one week nor more than five years, and there may be imposed in addition thereto a fine 

197 of not less than $2,500.00 $5,000.00 nor more than $5,000.00 $10,000.00.4 


198 SECTION 7. 

199 Said chapter is further amended by adding a new Code section to read as follows: 

200 440-5-126. 

201 (a) When a person is driving a motor vehicle without being licensed as required by 

202 subsection (a) of Code Section 40-5-20, the arresting peace officer may, except in an 

203 emergency, cause the motor vehicle being operated by such person to be removed and 

204 impounded pursuant to subsection (b.1) of Code Section 40-11-3. All provisions of 

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205 Chapter 11 of this title which are applicable to vehicles removed by law enforcement 

206 officers, including but not limited to lien procedures, shall apply to the release or disposal 

207 of such impounded vehicle; provided, however, that such vehicle shall not be released until 

208 the expiration of 60 days after such vehicle has been removed and impounded; and 

209 provided, further, that when such vehicle is released, such vehicle shall be released to the 

210 owner or the owner’s spouse, child, or parent upon proof of relationship to the owner so 

211 long as such person displays an unexpired driver’s license and complies with the applicable 

212 provisions of Chapter 11 of this title. 

213 (b)(1) The owner of a motor vehicle which has been removed and impounded pursuant 

214 to subsection (a) of this Code section shall have the right to request a hearing in the 

215 superior court of the county in which such motor vehicle has been removed and 

216 impounded within ten days of receiving notice of the removal and impoundment of such 

217 vehicle as provided for in this subsection. Within five days of such request, the superior 

218 court shall conduct a hearing to determine the validity of, or to consider any mitigating 

219 circumstances attendant to, the removal and impoundment of such vehicle. The superior 

220 court may order the release of such vehicle prior to the expiration of the time provided 

221 for in subsection (a) of this Code section; provided, however, that such owner shall 

222 remain liable for all storage fees associated with the removal and impoundment of such 

223 vehicle. 

224 (2)(A) When the arresting peace officer causes a motor vehicle to be removed and 

225 impounded pursuant to subsection (a) of this Code section, the law enforcement agency 

226 of the arresting peace officer shall, within 72 hours from the time of removal and 

227 impoundment, provide the vehicle’s owner with notice, by personal service, certified 

228 or registered mail, or statutory overnight delivery, of such removal and impoundment. 

229 (B) The notice provided for in subparagraph (A) of this paragraph shall include: 

230 (i) The name, address, and telephone number of the law enforcement agency 

231 providing the notice; 

232 (ii) The name and location of the place of storage of such vehicle; 

233 (iii) The description of such vehicle, which shall include, if determinative, such 

234 vehicle’s license plate number and vehicle identification number; 

235 (iv) The authority and purpose for the removal and impoundment of such vehicle, 

236 including a statement that, pursuant to this Code section, such vehicle shall not be 

237 released until the expiration of 60 days after such vehicle has been removed and 

238 impounded; and 

239 (v) A statement that such owner has the right to receive a hearing in the superior 

240 court of the county in which such motor vehicle has been removed and impounded to 

241 contest the validity of such removal and impoundment or to offer mitigating 

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circumstances for the release of such motor vehicle prior to the expiration of the time for the hold of such motor vehicle if such owner requests a hearing in such superior court within ten days of such notice.
(C) The failure of such owner to request a hearing or to attend a scheduled hearing
shall satisfy the requirements of this subsection.
(3) If a law enforcement agency fails to provide notice as required by this subsection within 72 hours from the time of removal and impoundment, the motor vehicle shall be available for immediate release to the owner of such motor vehicle and such law enforcement agency shall be liable for all storage fees associated with the removal and impoundment of such vehicle.
(4) This subsection shall not apply when the name and address of the last known registered owner of the motor vehicle is unable to be obtained pursuant to the procedures provided for in Code Section 40-11-3.
(c) This Code section shall not apply to:
(1) A person driving with an expired license; provided, however, that such person possesses a lawful alien status pursuant to Chapter 5 of this title;
(2) A first offense committed by an unlicensed driver who is 15 years of age or younger; provided, however, that such unlicensed driver possesses a lawful alien status pursuant to Chapter 5 of this title; or
(3) A person exempted under Code Section 40-5-21.4

SECTION 8.
Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by revising subparagraph (C) of paragraph (1) of Code Section 40-11-1, relating to definitions, as follows:
4(C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days, or left there for a period of not less than 90 days if the conditions of Code Section 40-5-126 are applicable, without anyone having paid all reasonable current charges for such towing and storage;4

SECTION 9.
Said chapter is further amended by revising subsection (d) of Code Section 40-11-2, relating to duty of person removing or storing motor vehicle, as follows:
4(d) If any motor vehicle removed under conditions set forth in subsection (a) or (b) of this Code section is determined not to be a stolen vehicle or is not a vehicle being repaired by a repair facility or is not being stored by an insurance company providing insurance to
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277 cover damages to the vehicle, the person removing or storing such motor vehicle shall, 

278 within seven calendar days of the day such motor vehicle was removed or one business day 

279 after the information is furnished to the remover or storer pursuant to subsection (a) or (b) 

280 of this Code section, whichever is later, notify all owners, if known, by written 

281 acknowledgment signed thereby or by certified or registered mail or statutory overnight 

282 delivery, of the location of such motor vehicle, the fees connected with removal and 

283 storage of such motor vehicle, and the fact that such motor vehicle will be deemed 

284 abandoned under this chapter unless the owner, security interest holder, or lienholder 

285 redeems such motor vehicle within 30 days of the day such vehicle was removed or, if the 

286 conditions of Code Section 40-5-126 are applicable, within 90 days of the day such motor 

287 vehicle was removed and impounded.4 


288 SECTION 10. 

289 Said chapter is further amended by adding a new subsection to Code Section 40-11-3, 

290 relating to when peace officers may remove vehicles from public property and notification 

291 requirements, to read as follows: 

292 4(b.1) Except as provided for by Code Section 40-5-126, any peace officer who finds a 

293 person driving a motor vehicle without being licensed as required by subsection (a) of 

294 Code Section 40-5-20 shall be authorized to cause such motor vehicle to be removed 

295 immediately to a garage or other place of safety.4 


296 SECTION 11. 

297 Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department 

298 of Driver Services, is amended by adding a new Code section to read as follows: 

299 440-16-9. 

300 On or after July 1, 2015, the department shall participate in the Records and Information 

301 from DMVs for E-Verify initiative of the United States Department of Homeland Security. 

302 The commissioner shall promulgate rules and regulations for the department’s participation 

303 in such initiative.4 


304 SECTION 12. 

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

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