05 LC 18
3995
House
Bill 324
By:
Representatives Day of the
163rd,
Neal of the
1st,
Jamieson of the
28th,
Horne of the
71st,
and Stephens of the
164th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating
to use of radar speed detection devices, so as to provide that only certain
full-time peace officers can operate speed detection devices; to remove certain
evidentiary restrictions; to regulate the use of speed detection devices in
proximity to certain speed reduction areas or highway grades exceeding 7
percent; to prohibit certain use of speed detection on interstate highways; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
14 of Title 40 of the Official Code of Georgia Annotated, relating to use of
radar speed detection devices, is amended by striking subsection (c) of Code
Section 40-14-2, relating to use permits for speed detection devices and
employment of certain peace officers, and inserting in its place a new
subsection (c) to read as follows:
"(c)
A permit shall not be issued by the Department of Public Safety to an applicant
under this Code section unless the applicant provides law enforcement services
by certified peace officers 24 hours a day, seven days a week on call or on duty
or allows only peace officers employed full time by the applicant to operate
speed detection devices. Speed detection devices can only be operated by
full-time
registered or certified peace officers of the county sheriff, county,
municipality, college, or university to which the permit is applicable. Persons
operating the speed detection devices must be registered or certified by the
Georgia Peace Officer Standards and Training Council as peace officers and
certified by the Georgia Peace Officer Standards and Training Council as
operators of speed detection
devices."
SECTION
2.
Said
chapter is further amended by striking Code Section 40-14-9, relating to
inadmissibility of certain evidence and use restrictions pertaining to speed
detection devices, and inserting in its place a new Code Section 40-14-9, to
read as follows:
"40-14-9.
(a)
No speed detection device shall be
employed
Evidence
obtained by
county,
or
municipal, or
campus law enforcement officers
in using
speed detection devices
within:
(1)
Within 300 feet of a reduction of a speed
limit inside an incorporated municipality or within 600 feet of a reduction of a
speed limit outside an incorporated municipality or consolidated city-county
government;
or
shall be
inadmissible in the prosecution of a violation of any municipal ordinance,
county ordinance, or state law regulating speed; nor shall such evidence be
admissible in the prosecution of a violation as aforesaid when such violation
has occurred within
(2)
Within 30 days following a reduction of
the speed limit
in the area
where the violation took place, except
that this 30 day limitation shall not apply to a speeding violation within a
highway work zone, as defined in Code Section 40-6-188.
(b)
No speed detection device shall be employed by county, municipal, or campus law
enforcement officers on any portion of any highway which
has
is within 300
feet in either direction of a grade in
excess of 7
percent,
including a bridge or overpass, inside an incorporated municipality or within
600 feet in either direction of a grade in excess of 7 percent, including a
bridge or overpass, outside an incorporated municipality or consolidated
city-county government.
(c)
No speed detection device shall be employed by county, municipal, or campus law
enforcement officers on any interstate
highway."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.