19 House Bill 471 (COMMITTEE SUBSTITUTE) LC 28 9296ERS By: Representatives Sainz of the 180th, Fleming of the 121st, Kelley of the 16th, Hill of the 3rd, and Hitchens of the 161st A BILL TO BE ENTITLED AN ACT 1 To amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia 2 Annotated, relating to general provisions regarding hunting; to amend Article 3 of Chapter 5 3 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, 4 and revocation of licenses, and to amend Article 1 of Chapter 7 of Title 52, relating to 5 general provisions regarding registration, operation, and sale of watercraft, so as to repeal 6 and reenact the implied consent notices; to provide for related matters; to provide an effective 7 date; to repeal conflicting laws; and for other purposes. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 9 SECTION 1. 10 Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, 11 relating to general provisions regarding hunting, is amended by repealing paragraph (2) of 12 subsection (g) of Code Section 27-3-7, relating to hunting under the influence of alcohol or 13 drugs, in its entirety and inserting in lieu thereof the following: 14 "(2) At the time a chemical test or tests are requested, the arresting officer shall read to 15 the person the following implied consent warning: 16 'The State of Georgia has conditioned your license to hunt in this state upon your 17 submission to state administered chemical tests of your blood, breath, urine, or other 18 bodily substances for the purpose of determining if you are under the influence of 19 alcohol or drugs. If you refuse this testing and you are convicted of hunting while 20 under the influence of alcohol or drugs, your ability to lawfully hunt in this state will 21 be suspended for a period of two years. Your refusal to submit to blood or urine testing 22 may be offered into evidence against you at trial. If you submit to testing and the 23 results indicate an alcohol concentration of 0.08 grams or more and if you are 24 subsequently convicted of hunting under the influence of alcohol by having an alcohol 25 concentration of 0.08 grams or more at any time within three hours after hunting from 26 alcohol consumed before such hunting ended, your ability to lawfully hunt in this state 27 will be suspended for a period of one year. After first submitting to the required state H. B. 471 (SUB) -1- 19 LC 28 9296ERS 28 tests, you are entitled to additional chemical tests of your blood, breath, urine, or other 29 bodily substances at your own expense and from qualified personnel of your own 30 choosing. Will you submit to the state administered chemical tests of your (designate 31 which test)?'" 32 SECTION 2. 33 Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to 34 cancellation, suspension, and revocation of licenses, is amended by repealing subsection (b) 35 of Code Section 40-5-67.1, relating to chemical tests, implied consent notices, rights of 36 motorists, test results, refusal to submit, suspension or disqualification, administrative license 37 suspension hearing and review, and inspection and certification of breath-testing instruments, 38 in its entirety and inserting in lieu thereof the following: 39 "(b) At the time a chemical test or tests are requested, the arresting officer shall select and 40 read to the person the appropriate implied consent notice from the following: 41 (1) Implied consent notice for suspects under age 21: 42 The State of Georgia has conditioned your privilege to drive upon the highways of this 43 state upon your submission to state administered chemical tests of your blood, breath, 44 urine, or other bodily substances for the purpose of determining if you are under the 45 influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license 46 or privilege to drive on the highways of this state will be suspended for a minimum 47 period of one year. Your refusal to submit to blood or urine testing may be offered into 48 evidence against you at trial. If you submit to testing and the results indicate an alcohol 49 concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive 50 on the highways of this state may be suspended for a minimum period of one year. 51 After first submitting to the requested state tests, you are entitled to additional chemical 52 tests of your blood, breath, urine, or other bodily substances at your own expense and 53 from qualified personnel of your own choosing. 54 administered chemical tests of your (designate which test)?' 55 Will you submit to the state (2) Implied consent notice for suspects age 21 or over: 56 The State of Georgia has conditioned your privilege to drive upon the highways of this 57 state upon your submission to state administered chemical tests of your blood, breath, 58 urine, or other bodily substances for the purpose of determining if you are under the 59 influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license 60 or privilege to drive on the highways of this state will be suspended for a minimum 61 period of one year. Your refusal to submit to blood or urine testing may be offered into 62 evidence against you at trial. If you submit to testing and the results indicate an alcohol 63 concentration of 0.08 grams or more, your Georgia driver's license or privilege to drive H. B. 471 (SUB) -2- 19 LC 28 9296ERS 64 on the highways of this state may be suspended for a minimum period of one year. 65 After first submitting to the requested state tests, you are entitled to additional chemical 66 tests of your blood, breath, urine, or other bodily substances at your own expense and 67 from qualified personnel of your own choosing. 68 administered chemical tests of your (designate which test)?' 69 Will you submit to the state (3) Implied consent notice for commercial motor vehicle driver suspects: 70 The State of Georgia has conditioned your privilege to drive upon the highways of this 71 state upon your submission to state administered chemical tests of your blood, breath, 72 urine, or other bodily substances for the purpose of determining if you are under the 73 influence of alcohol or drugs. If you refuse this testing, you will be disqualified from 74 operating a commercial motor vehicle for a minimum period of one year. Your refusal 75 to submit to blood or urine testing may be offered into evidence against you at trial. If 76 you submit to testing and the results indicate the presence of any alcohol, you will be 77 issued an out-of-service order and will be prohibited from operating a commercial 78 motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 79 grams or more, you will be disqualified from operating a commercial motor vehicle for 80 a minimum period of one year. After first submitting to the requested state tests, you 81 are entitled to additional chemical tests of your blood, breath, urine, or other bodily 82 substances at your own expense and from qualified personnel of your own choosing. 83 Will you submit to the state administered chemical tests of your (designate which test)?' 84 If any such notice is used by a law enforcement officer to advise a person of his or her 85 rights regarding the administration of chemical testing, such person shall be deemed to 86 have been properly advised of his or her rights under this Code section and under Code 87 Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test of 88 such person's blood or urine, shall be admitted into evidence against such person. Such 89 notice shall be read in its entirety but need not be read exactly so long as the substance of 90 the notice remains unchanged." 91 SECTION 3. 92 Article 1 of Chapter 7 of Title 52, relating to general provisions regarding registration, 93 operation, and sale of watercraft, is amended by repealing subsection (b) of Code 94 Section 52-7-12.5, relating to ordering drug, alcohol, or other substance tests, implied 95 consent notice, reports, suspension, hearing, and certificate of inspection, in its entirety and 96 inserting in lieu thereof the following: 97 "(b) At the time a chemical test or tests are requested, the arresting officer shall select and 98 read to the person the appropriate implied consent warning from the following: 99 (1) Implied consent notice for suspects under 21 years of age: H. B. 471 (SUB) -3- 19 LC 28 9296ERS 100 'The State of Georgia has conditioned your privilege to operate a vessel on the waters 101 of this state upon your submission to state administered chemical tests of your blood, 102 breath, urine, or other bodily substances for the purpose of determining if you are under 103 the influence of alcohol or drugs. If you refuse this testing, your privilege to operate 104 a vessel on the waters of this state will be suspended for a minimum period of one year. 105 Your refusal to submit to blood or urine testing may be offered into evidence against 106 you at trial. If you submit to testing and the results indicate an alcohol concentration 107 of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a 108 vessel on the waters of this state may be suspended for a minimum period of one year. 109 After first submitting to the required state tests, you are entitled to additional chemical 110 tests of your blood, breath, urine, or other bodily substances at your own expense and 111 from qualified personnel of your own choosing. 112 administered chemical tests of your (designate which test)?'; or 113 (2) Implied consent notice for suspects 21 years of age or older: Will you submit to the state 114 'The State of Georgia has conditioned your privilege to operate a vessel on the waters 115 of this state upon your submission to state administered chemical tests of your blood, 116 breath, urine, or other bodily substances for the purpose of determining if you are under 117 the influence of alcohol or drugs. If you refuse this testing, your privilege to operate 118 a vessel on the waters of this state will be suspended for a minimum period of one year. 119 Your refusal to submit to blood or urine testing may be offered into evidence against 120 you at trial. If you submit to testing and the results indicate an alcohol concentration 121 of 0.08 grams or more or the presence of any illegal drug, your privilege to operate a 122 vessel on the waters of this state may be suspended for a minimum period of one year. 123 After first submitting to the required state tests, you are entitled to additional chemical 124 tests of your blood, breath, urine, or other bodily substances at your own expense and 125 from qualified personnel of your own choosing. 126 administered chemical tests of your (designate which test)?' Will you submit to the state 127 If any such notice is used by a law enforcement officer to advise a person of his or her 128 rights regarding the administration of chemical testing, such person shall be deemed to 129 have been properly advised of his or her rights under this Code section and under Code 130 Section 52-7-12.6, and the results of any chemical test, or the refusal to submit to a test 131 of such person's blood or urine, shall be admitted into evidence against such person. 132 Such notice shall be read in its entirety but need not be read exactly so long as the 133 substance of the notice remains unchanged." H. B. 471 (SUB) -4- 19 LC 28 9296ERS 134 SECTION 4. 135 This Act shall become effective upon its approval by the Governor or upon its becoming law 136 without such approval. 137 138 SECTION 5. All laws and parts of laws in conflict with this Act are repealed. H. B. 471 (SUB) -5-