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The following Official Code of Georgia (OCGA) statutes have been enacted by the state legislature and signed into law by the governor for the 2005 legislative session:
1. O.C.G.A. 16-5-27 Female Genital Mutilation (New)
Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to assault and battery, is amended by adding a new Code Section 16-5-27 to read as follows:
(a) Any person:
(1) Who knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of a female under 18 years of age;
(2) Who is a parent, guardian, or has immediate custody or control of a female under 18 years of age and knowingly consents to or permits the circumcision, excision, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of such female; or
(3) Who knowingly removes or causes or permits the removal of a female under 18 years of age from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female shall be guilty of female genital mutilation. (b) A person convicted of female genital mutilation shall be punished by imprisonment for not less than five nor more than 20 years.
(c) This Code section shall not apply to procedures performed by or under the direction of a physician, a registered professional nurse, a certified nurse midwife, or a licensed practical nurse licensed pursuant to Chapter 34 or 26, respectively, of Title 43 when necessary to preserve the physical health of the female. This Code section shall also not apply to any autopsy or limited dissection as defined by Code Section 45-16-21 which is conducted in accordance with Article 2 of Chapter 16 of Title 45.
(d) Consent of the female under 18 years of age or the parent, guardian, or custodian of the female under 18 years of age shall not be a defense to the offense of female genital mutilation. Religion, ritual, custom, or standard practice shall not be a defense to the offense of female genital mutilation.
2. 40-8-73.1 Material Affixed to Front Windshield or Front Windows Which Obstruct Vision Into Vehicle (Window Tint) - Amended
Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, is amended by repealing Code Section 40-8-73.1, relating to material affixed to front windshields or front door windows which obstruct vision into vehicle, in its entirety and inserting in its place a new Code Section 40-8-73.1 to read as follows:
(a) As used in this Code section, the term:
(1) 'Light reflectance' means the ratio of the amount of total light that is reflected outward by a product or material to the amount of total light falling on the product or material.
(2) 'Light transmission' means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through a surface to the amount of light falling on the surface.
(3) 'Manufacturer' means a person who produces or assembles a vehicle glass-coating material or who fabricates, laminates, or tempers a safety-glazing material, which material reduces light transmission.
(4) 'Material' means any transparent product or substance which reduces light transmission.
(5) 'Multipurpose passenger vehicle' means a motor vehicle designed to carry ten persons or less which is constructed on a truck chassis or with special features for occasional off-road operation.
(b) Except as provided in this Code section, it shall be unlawful for any person to operate a motor vehicle in this state:
(1) Which has material and glazing applied or affixed to the front windshield, which material and glazing when so applied or affixed reduce light transmission through the windshield; or
(2) Which has material and glazing applied or affixed to the rear windshield or the side or door windows, which material and glazing when so applied or affixed reduce light transmission through the windshield or window to less than 32 percent, plus or minus 3 percent, or increase light reflectance to more than 20 percent.
(c) The provisions of subsection (b) of this Code section shall not apply to:
(1) Adjustable sun visors which are mounted forward of the side windows and are not attached to the glass;
(2) Signs, stickers, or other matter which is displayed in a seven-inch square in the lower corner of the windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner of the windshield nearest the driver;
(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver’s clear view of approaching traffic;
(4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches of the windshield;
(5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window;
(6) The rear windshield or the side or door windows, except those windows to the right and left of the driver of:
(A) A multipurpose passenger vehicle;
(B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorporated under the laws of this state;
(C) Any limousine owned or leased by a public or private entity; or
(D) Any other vehicle, the windows or windshields of which have been tinted or darkened before factory delivery or permitted by federal law or regulation; or
(7) Any law enforcement vehicle.
(d) The Department of Motor Vehicle Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Motor Vehicle Safety.
(e) No person shall install any material upon the windshields or windows of any motor vehicle, the installation of which would result in a reduction of light transmission or an increase in light reflectance in violation of subsection (b) of this Code section.
(f) The Department of Motor Vehicle Safety is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this Code section.
(g) Any person who violates subsection (b) or (e) of this Code section shall be guilty of a misdemeanor.
3. 16-13-30.3 Possession of Ephedrine, Pseudoephedring and Phenylpropanolamine - Amended
Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding a new subsection (b.1) to Code Section 16-13-30.3, relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine, to read as follows:
(b.1)(1) Products whose sole active ingredient is pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent.
(2) No person shall deliver in any single over the counter sale more than three packages of any product containing pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of pseudoephedrine or its base, salts, optical isomers, or salts of its optical isomers.
(3) It shall be unlawful for a retail distributor to purchase any
product containing pseudoephedrine from any person or entity other than
a manufacturer or a wholesale distributor licensed by the Georgia Board
of Pharmacy. 4. 16-8-5.1 Theft of Services by Deception - New
Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by inserting immediately following Code Section 16-8-5 a new Code section to read as follows:
The trier of fact may infer that the accused intended to avoid payment due for the rental or lease of any personal property in any prosecution pursuant to Code Sections 16-8-2, relating to theft by taking, 16-8-3, relating to theft by deception, 16-8-4, relating to theft by conversion, or 16-8-5, relating to theft of services, if a person knowingly:
(1) Used false identification;
(2) Provided false information on a written contract;
(3) Made, drew, uttered, executed, or delivered an instrument for the payment of money on any bank or other depository in exchange for present consideration, knowing that it would not be honored by the drawee;
(4) Abandoned any property at a location that is not the location agreed upon for return and that would not be reasonably known to the owner;
(5) Returned any property to a location that would not reasonably be known to the owner without notifying the owner; or
(6) Returned any property at a time beyond posted business hours of the owner. No person shall be convicted under Code Sections 16-8-2, relating to theft by taking, 16-8-3, relating to theft by deception, 16-8-4, relating to theft by conversion, or 16-8-5, relating to theft of services, where there was an agreement to delay payment for such property or services or the accused makes payment in full within two business days after returning the property or obtaining the services.
5. 32-9-4.1 FlexAuto Lanes, Authorized Usage - New
Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries is amended by adding after Code Section 32-9-4 a new Code Section 32-9-4.1 to read as follows:
(a) As used in this Code section, the term 'FlexAuto lane' means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles during certain hours.
(b) The department, with the approval of the board, is authorized to designate FlexAuto lanes on the state highway system for the purpose of improving traffic flow in and around areas with a history of traffic congestion.
(c) Any FlexAuto lane shall be appropriately striped and marked and shall have signage appropriate to indicate its nature, as determined by the department. The department may incorporate emergency havens, emergency ramps, or emergency parking pads into the design and creation of FlexAuto lanes, as determined appropriate by the department.
(d) The hours of usage of a FlexAuto lane shall be determined by the department, not to exceed eight hours per day.
(e) It shall be unlawful for any person operating any motor vehicle to use a FlexAuto lane for purposes of travel other than emergency use outside the permitted hours of travel use, as determined and posted by the department. It shall be unlawful for any person operating any motor vehicle other than an automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of travel other than emergency use at any time.
(f) Prior to implementing this Code section, the department shall, if necessary, seek to secure and implement any federal approvals, waivers, or other actions necessary or appropriate in order to implement this Code section without any loss or impairment of federal funding.
(g) FlexAuto lanes shall not be implemented at more than 80 separate locations in the state until such time as the department has completed a one-year test use of such lanes.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Code Section 40-6-50, relating to use of divided highways, controlled-access roadways, and emergency lanes, a new subsection (d) to read as follows:
(d) Nothing in this Code section shall prohibit the use of a FlexAuto
lane in the manner permitted under Code Section 32-9-4.1.
6. 40-2-8 Operating Motor Vehicle without Registration or Valid License Plate - Amended
Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking subparagraph (b)(2)(B) and paragraph (3) of subsection (b) of Code Section 40-2-8, relating to operation of an unregistered vehicle or vehicle without a current license plate, and inserting in their respective places the following:
(B)(i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealeŕs name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required.
The expiration date, the vehicle identification number, and the year, make, and model of the vehicle shall be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word or by three-letter abbreviation thereof.
The expiration date of such a temporary plate may be revised and extended by the county tag agent only if an extension of the purchaseŕs initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor.
Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers.
(ii) All temporary plates issued by dealers to purchasers of vehicles on or after January 1, 2001, shall be of a standard design prescribed by regulation promulgated by the Department of Motor Vehicle Safety in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements of this subparagraph All temporary plates shall be required to have a holographic security image and a write-resistant overlay with security features such that any attempt to change or modify the expiration date on the temporary plate will show immediate signs of tampering. All holographic security images required under this division and manufactured on or after July 1, 2005, shall be numbered with a separate and distinct number at the point of manufacture. All holographic security images affixed to temporary plates on or after January 1, 2006, shall be numbered as required by this division.
(3) All sellers and distributors of holographic strips must register with the department and shall be assigned a distinct identifier by the department. Such identifier shall precede the numbers required under division (b)(2)(B)(ii) of this Code section. All sellers and distributors of holographic security images must maintain an inventory record of holographic security images by number and purchaser.
(3)(4) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties.
7. 16-12-2 Prohibited Smoking in Public Places - Amended
Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking Code Section 16-12-2, relating to prohibited smoking in public places, and inserting in lieu thereof the following:
(a) A person smoking tobacco in violation of Chapter 12A of Title 31 shall be guilty of a misdemeanor and, if convicted, shall be punished by a fine of not less than $100.00 nor more than $500.00.
(b) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules and regulations of state or local agencies, and local ordinances prohibiting smoking which are more restrictive than this Code section.
8. 40-2-6.1 Prohibited Use of Materials Covering License Plate- New
Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by inserting immediately following Code Section 40-2-6 a new Code Section 40-2-6.1 to read as follows:
Any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000.00.
9. 42-2-41.1 Historical Georgia License Plates - Amended
Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, is amended by striking in its entirety Code Section 40-2-41.1, relating to authentic historical Georgia license plates, and inserting in lieu thereof the following:
(a) As used in this Code section, the term 'authentic historical Georgia license plate' means a license plate originally issued in the year 1970 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1970 or earlier pursuant to former motor vehicle registration laws of this state.
(b) The owner of any antique motor vehicle manufactured in 1970 or earlier shall be authorized to display in lieu of and in the same manner as the license plate otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside the vehicle.
(c) For purposes of this Code section, the authentic historical Georgia license plate shall be furnished by the owner of any such antique motor vehicle.
(d) No later than January 1, 2006, the commissioner shall have installed within the department́s computer information system applicable to the registration of motor vehicles the necessary program which will include in the information relating to the current Georgia license plate or revalidation decal issued for an antique motor vehicle the information relating to the authentic historical Georgia license plate authorized to be displayed on such antique motor vehicle.
10. 40-8-90 Flashing or Revolving Blue Lights - Amended
Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, is amended by striking Code Section 40-8-90, relating to restrictions on the use of flashing or revolving blue lights, and inserting in its place the following:
(a)(1) Except as provided in this paragraph and subsection (b) of this Code section, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle equipped with or containing a device capable of producing any blue lights, whether flashing, blinking, revolving, or stationary, except:
(A) Motor vehicles owned or leased by any federal, state, or local law enforcement agency;
(B) Motor vehicles with a permit granted by a state agency to bear such lights; or
(C) Antique, hobby, and special interest vehicles, as defined in subsection (a) of Code Section 40-2-77, which may display a blue light or lights of up to one inch in diameter as part of any such vehicle´s rear stop lamps, rear turning indicator, rear hazard lamps, and rear reflectors.
(2) Any person who violates paragraph (1) of this subsection shall be guilty of a misdemeanor.
(b) The prohibition contained in subsection (a) of this Code section shall not apply to any elected sheriff who, pursuant to an agreement between the sheriff and the county governing authority, is using his or her personal motor vehicle in a law enforcement activity, provided such vehicle is marked as provided in Code Section 40-8-91.
(c) It shall be unlawful for any person to use any motor vehicle equipped with flashing, blinking, revolving, or stationary blue lights in the commission of a felony, and, upon conviction of a violation of this subsection, the punishment shall be a fine of not less than $1,000.00 or imprisonment of not less than one year, or both.
11. 16-11-105 Discharging Firearm on Sunday (Deleted)
Note: Enforcement of this statute is no longer applicable.
Note: For brevity, this information lists only the new and/or amended statutes and does not list each element of the applicable statutes. Personnel should consult the Official Code of Georgia Annotated (OCGA) for a complete statutory listing.
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