History. Code 1981, § 40-5-75 , enacted by Ga. L. 1990, p. 1149, § 1; Ga. L. 1990, p. 1097, § 1.5; Ga. L. 1991, p. 1767, § 1; Ga. L. 1992, p. 779, § 25; Ga. L. 1992, p. 2785, § 13; Ga. L. 1994, p. 97, § 40; Ga. L. 1994, p. 730, §§ 3-5; Ga. L. 1997, p. 143, § 40; Ga. L. 2000, p. 20, § 23; Ga. L. 2000, p. 951, § 5-39; Ga. L. 2004, p. 471, § 7; Ga. L. 2005, p. 334, § 17-16/HB 501; Ga. L. 2006, p. 449, § 11/HB 1253; Ga. L. 2007, p. 47, § 40/SB 103; Ga. L. 2007, p. 117, § 1/HB 419; Ga. L. 2009, p. 679, § 7/HB 160; Ga. L. 2010, p. 932, § 15/HB 396; Ga. L. 2011, p. 355, § 10/HB 269; Ga. L. 2013, p. 222, § 15/HB 349; Ga. L. 2013, p. 294, § 4-47/HB 242; Ga. L. 2015, p. 60, § 4-18/SB 100; Ga. L. 2016, p. 443, § 4-7/SB 367; Ga. L. 2017, p. 608, § 4/SB 176; Ga. L. 2017, p. 774, § 40/HB 323; Ga. L. 2020, p. 345, § 1/HB 799.
The 2016 amendment, effective July 1, 2016, inserted “’three-year driving” throughout; in subsection (a), added a comma following “Code Section 40-6-391”, and inserted “equivalent” in the middle of the introductory language, added the second sentence in paragraph (a)(3), and, in the ending paragraph, inserted “such” in the first sentence, substituted “three-year driving permit” for “limited driving permit” in the third sentence, and added the last sentence; in subsection (b), inserted a comma following “Code Section 40-6-391”, inserted “equivalent” in the first sentence, and substituted “be governed by subsection (e) of Code Section 40-5-61” for “begin on the date of surrender of the driver’s license or on the date that the department processes the conviction or citation, whichever shall first occur” in the last sentence; substituted “(1), (2), or (3)” for “(1) or (2)” near the beginning of first sentence of subsection (c); and substituted the present provisions of subsection (g) for the former provisions, which read: “Notwithstanding any other provision of this chapter to the contrary, the suspension imposed pursuant to this Code section shall be in addition to and run consecutively to any other suspension imposed by the department at the time of the conviction that results in said suspension. If the person has never been issued a driver’s license in the State of Georgia or holds a driver’s license issued by another state, the person shall not be eligible for a driver’s license for the applicable period of suspension following his or her submission of an application for issuance thereof.”
The 2017 amendments. —
The first 2017 amendment, effective July 1, 2017, rewrote paragraph (a)(3); designated the existing provisions of paragraph (g)(1) as subparagraph (g)(1)(A); in subparagraph (g)(1)(A), substituted “Effective July 1, 2016,” for “Upon July 1, 2016,” at the beginning of the first sentence, in the second sentence, substituted “subparagraph” for “paragraph” near the beginning and inserted “other” near the middle; and added subparagraph (g)(1)(B). The second 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted “Effective July 1, 2016,” for “Upon July 1, 2016,” at the beginning of paragraph (g)(1).
The 2020 amendment, effective July 29, 2020, substituted “Reserved.” for “Notwithstanding any other provision of this Code section or any other provision of this chapter, any person whose license is suspended pursuant to this Code section shall not be eligible for early reinstatement of his or her license and shall not be eligible for a limited driving permit, but such person’s license shall be reinstated only as provided in this Code section or Code Section 40-5-76.” in subsection (d).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1994, in the first sentence in subsection (b), “paragraph (2), (4), or (6)” was substituted for “paragraphs (2), (4), or (6).”
Pursuant to Code Section 28-9-5, in 2016, “July 1, 2016” was substituted for “the effective date of this subsection” in paragraph (g)(1) (now subparagraph (g)(1)(A)).
Editor’s notes.
Ga. L. 1990, p. 1097, § 2, not codified by the General Assembly, provides that subsection (h) applies to all adjudications on or after July 1, 1990.
Ga. L. 2013, p. 222, § 21/HB 349, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2013, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2013, shall be governed by the statute in effect at the time of such offense.”
Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”
Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides that: “Section 4-9 of Part IV of this Act shall become effective on January 1, 2016, and all other parts of this Act shall become effective on July 1, 2015, and shall apply to offenses which occur on or after that date.”
Law reviews.
For note on 1990 enactment of this Code section, see 7 Ga. St. U.L. Rev. 337 (1990).
For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 126 (1992).
For annual survey on criminal law and procedure, see 44 Mercer L. Rev. 165 (1992).
For article, “Appeal and Error: Appeal or Certiorari by State in Criminal Cases,” see 30 Ga. St. U. L. Rev. 17 (2013).
For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016).