Public-safety panel advances DUI risk-reduction rewrite after debate over pre-plea course and fee split

Senate Public Safety Committee · February 26, 2026

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Summary

The Senate Public Safety Committee advanced a substitute to LC394902 (DUI/risk-reduction changes) on a 5—4 vote after adopting AM390503 and removing a provision that would have required defendants to complete a course before a plea; debate focused on duplicative assessments, fee allocation ($15/$15 to DBHDD and DDS), and constitutional/due-process concerns.

The Senate Public Safety Committee advanced a committee substitute to LC394902, a package of changes affecting Georgia—s DUI risk-reduction program, after extensive testimony from the bill—s author, legislative counsel, law-enforcement partners and program stakeholders and a 5—4 committee vote.

Senator Robertson, the bill—s sponsor, said the substitute and amendment AM390503 are intended to streamline the program and remove duplicative barriers. He explained the amendment splits the existing $30 intake fee into two $15 allocations, one to the Department of Behavioral Health and Developmental Disabilities (DBHDD) and one to the Department of Driver Services (DDS), and removes an upfront 100-question software evaluation he characterized as duplicative of the statutorily required clinical evaluation.

During committee questioning, Senator Wicks asked how repeat offenders and out-of-state or military participants would be handled; Robertson said students and active-duty military could participate via a live, synchronous remote classroom or attend in person, and emphasized the remote option was a live engagement rather than an on-demand video.

Senator Jackson pressed whether requiring a course before a plea would disadvantage indigent defendants who rely on public defenders. Megan Davidson of Legislative Counsel urged rewording to avoid imposing conditions before conviction and suggested making completion of the course a sentencing condition or required upon conviction to address due-process concerns; Robertson agreed to work on language. The committee ultimately adopted an amendment striking the section that would have required course completion prior to plea acceptance.

Testimony included a chief of campus police at Emory University who said campus officers lacked the same qualified-immunity protections as other peace officers during a nearby active-shooter response and supported parity for university peace officers; Al Barber, chairman of the Georgia Driving School Association, argued vendors support removing the upfront assessment to lower barriers and costs; and Bob Dallas, representing Mothers Against Drunk Driving (MADD), said program data and the PRI model show positive outcomes and emphasized the value of meaningful, in-person instruction.

The committee considered a proposed Bearden amendment to limit remote participation to active-duty military but rejected it after debate about access and practicality. After adopting AM390503 and the Jackson amendment to strike section 4, the committee passed the substitute on a 5—4 vote and sent the bill on to the rules committee.

Next procedural steps were identified: the bill advances to the rules committee and may be scheduled for further consideration ahead of crossover deadlines.