06 LC
18 4713
House
Bill 973
By:
Representatives Willard of the
49th,
Lindsey of the
54th,
Jones of the
46th,
Buckner of the
130th,
Day of the
163rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia
Annotated, relating to use of speed detection devices for traffic enforcement
purposes, so as to change provisions relating to prohibited use of speed
detection devices by county and municipal law enforcement officers in certain
places and certain circumstances; to provide that such officers may use such
devices under certain additional circumstances; to provide for related matters;
to provide an effective date and applicability; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating
to use of speed detection devices for traffic enforcement purposes, is amended
by striking Code Section 40-14-9, relating to prohibited use of speed detection
devices by county and municipal law enforcement officers in certain places and
certain circumstances, and inserting in its place a new Code section to read as
follows:
"40-14-9.
(a)
Evidence obtained by county or municipal law enforcement officers in using speed
detection devices 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
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 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)(1)
No
Except as
otherwise provided in this subsection, no
speed detection device shall be employed by county, municipal, or campus law
enforcement officers on any portion of any highway which has a grade in excess
of 7 percent.
(2)
The limitations provided for in paragraph (1) of this subsection shall not apply
in properly marked school zones one hour before, during, and one hour after the
normal hours of school
operation."
SECTION
2.
This
Act shall become effective on July 1, 2006, and shall apply with respect to
offenses committed on or after that date; and prior offenses shall continue to
be governed by prior law.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.