2020 Georgia Code
Title 16 - Crimes and Offenses
Chapter 9 - Forgery and Fraudulent Practices
Article 1 - Forgery and Related Offenses
§ 16-9-5. Counterfeit or False Proof of Insurance Document

1. As used in this Code section, the term "proof of insurance document" means any document issued by, on behalf of, or purportedly on behalf of an insurer to a motor vehicle policyholder or applicant for motor vehicle coverage, which document is designed to constitute proof or evidence of the minimum motor vehicle liability insurance required by law for the purposes of Code Section 40-6-10.
2. 1. It shall be unlawful for any person knowingly to manufacture, sell, or distribute a counterfeit or false proof of insurance document.
   2. It shall be unlawful for any person to possess a counterfeit or false proof of insurance document that he or she knows to be a counterfeit or false proof of insurance document.
   3. A proof of insurance document shall be deemed counterfeit or false if the proof of insurance document has been altered, modified, or originally issued in any manner which contains false information concerning the insurer, the owner, the motor vehicle, or the insurance thereon.
3. 1. Any person who violates paragraph (1) of subsection (b) of this Code section shall be guilty of a felony and upon conviction shall be punished by a fine of not more than $10,000.00 or by imprisonment for not less than two nor more than ten years, or both.
   2. Any person who violates paragraph (2) of subsection (b) of this Code section shall upon conviction be guilty of and be punished as for a misdemeanor.

(Code 1981, §16-9-5, enacted by Ga. L. 1990, p. 1440, § 1; Ga. L. 1991, p. 94, § 16; Ga. L. 2000, p. 429, § 2; Ga. L. 2017, p. 417, § 5-1/SB 104.)

The 2017 amendment, effective July 1, 2017, added "that he or she knows to be a counterfeit or false proof of insurance document" at the end of paragraph (b)(2); substituted the present provisions of paragraph (c)(1) for the former provisions, which read: "Any person who violates paragraph (1) of subsection (b) of this Code section on the first offense shall be guilty of a misdemeanor. Any person who violates paragraph (1) of subsection (b) of this Code section for the second or any subsequent offense shall be guilty of a felony and shall be punished by a fine of not more than $5,000.00 or by imprisonment for not more than three years, or both."; and, in paragraph (c)(2), inserted "upon conviction" and inserted "and be punished as for".

- Ga. L. 2000, p. 429, § 1, not codified by the General Assembly, provides: "(a) The General Assembly finds that a significant number of motor vehicle owners in this state fail to meet the requirements of existing law for minimum motor vehicle liability insurance. The General Assembly finds further that enforcement of such requirements is made difficult by existing methods and procedures for tracking insurance coverage and providing proof of insurance.

"(b) The General Assembly declares that the purpose of this Act is to improve enforcement of minimum motor vehicle liability insurance requirements by providing the Department of Public Safety with updated information from insurers regarding those vehicles for which minimum motor vehicle liability insurance coverage is in effect, which information may be made accessible to law enforcement officers throughout the state, all without hampering the underwriting activities of any insurer or changing existing penalties for operating a motor vehicle without minimum liability insurance coverage."

- For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 61 (2017). For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

Cited in Warren v. State, 289 Ga. App. 481, 657 S.E.2d 533 (2008).

Fingerprinting required for violation of O.C.G.A. § 16-9-5. - Violation of O.C.G.A. § 16-9-5 is designated as an offense for which persons charged with a violation shall be fingerprinted. 1990 Op. Att'y Gen. No. 90-22.