2025 Georgia Codes – Page 235

(a) The department is authorized to designate travel lanes in each direction of travel on any road in the state
highway system for the exclusive or preferential use of:
(1) Buses;
(2) Motorcycles;
(3) Passenger vehicles occupied by two persons or more;
(4) Vehicles bearing alternative fueled vehicle license plates issued under paragraph (5) of subsection (a) of
Code Section 40-2-38 or paragraph (7) of subsection (l) of Code Section 40-2-86.1; or
(5) Other vehicles as designated by the department.
Where such designation has been made, the road shall be appropriately marked with such signs or other
roadway markers and markings to inform the traveling public of the lane restrictions imposed.
(a.1) Upon approval through either legislative action in the United States Congress or regulatory action by
the United States Department of Transportation to permit hybrid vehicles with fewer than two occupants to
operate in a high occupancy vehicle lane, the department shall authorize hybrid vehicles, to use the travel
lanes designated for such vehicles as provided in paragraph (4) of subsection (a) of this Code section.
(b) No driver of any vehicle not authorized to be operated in a lane designated and signed for exclusive use
shall operate such vehicle in such lane except to execute turning movements or in an emergency situation.
Any person who violates this subsection shall be guilty of a misdemeanor, punishable as provided for in
Code Section 40-6-54.
(c) No traffic lane shall be designated and signed for exclusive use pursuant to subsection (a) of this Code
section without the approval of the State Transportation Board.
(d) The department is authorized to promulgate necessary rules and regulations in order to carry out the pur-
poses of this Code section.
Title 40
Motor Vehicles and Traffic
Chapter 1
General Provisions

shall be punished as follows:
(i) Upon the first conviction thereof, such person shall be sentenced to a mandatory minimum term of
imprisonment of ten years but not more than 20 years which shall be served consecutively to any other
sentence imposed, and no portion of the mandatory minimum sentence imposed shall be suspended,
stayed, probated, deferred, or withheld by the sentencing court; and
(ii) Upon the second or subsequent conviction thereof, such person shall be sentenced to a mandatory
minimum term of imprisonment of 15 years but not more than 25 years which shall be served consecu-
tively to any other sentence imposed, and no portion of the mandatory minimum sentence imposed shall
be suspended, stayed, probated, deferred, or withheld by the sentencing court.
(B) A mandatory minimum sentence imposed pursuant to this paragraph shall not be reduced, suspended, or
otherwise departed from pursuant to paragraph (4) or (5) of this subsection.
(4) The district attorney or the Attorney General may move the sentencing court to impose a reduced or
suspended sentence upon any person who is convicted of a violation of this Code section who provides
substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accesso-
ries, coconspirators, leaders, or principals. Upon good cause shown, the motion may be filed and heard in
camera. The judge hearing the motion may impose a reduced or suspended sentence if he or she finds that
the defendant has rendered such substantial assistance.
(5)(A) In the court’s discretion, a judge may depart from the mandatory minimum sentence specified for a
person who is convicted of a violation of this Code section as set forth in paragraph (2) of this subsection
if the judge concludes that:
(i) The defendant was not a leader of the criminal conduct;
(ii) The defendant did not possess or use a firearm, dangerous weapon, or hazardous object during the
crime;
(iii) The criminal conduct did not result in death or serious bodily injury to a person other than to a person
who was a party to the crime;
(iv) The defendant has no prior felony conviction; and
(v) The interests of justice will not be served by the imposition of the prescribed mandatory minimum
sentence.
(B) If a judge departs from the mandatory minimum sentence pursuant to this paragraph, the judge shall
specify on the record the circumstances for the reduction and the interests served by such departure. Any
such order shall be appealable by the State of Georgia pursuant to Code Section 5-7-1.
(l) In addition to any other penalty provided by this Code section, all sentences imposed under this Code
section shall require as a special condition of the sentence that the person sentenced shall not knowingly
have contact of any kind or character with any other member or associate of a criminal street gang, shall not
participate in any criminal gang activity, and, in cases involving a victim, shall not knowingly have contact
of any kind or character with any such victim or any member of any such victim’s family or household.
(m) Any crime committed in violation of this Code section shall be considered a separate offense.
(n) Prosecuting attorneys and the Attorney General shall have concurrent authority to prosecute any criminal
cases arising under the provisions of this Code section and to perform any duty that necessarily appertains
thereto. For purposes of investigating offenses or criminal cases arising under the provisions of this Code
section, the Attorney General shall have the authority to employ peace officers who shall be authorized to
execute all powers of a peace officer.

poses of payment of indemnification for death or disability as provided for in Part 1 of Article 5 of Chapter 9
of Title 45.