05 LC 18
3869
House
Bill 159
By:
Representatives Day of the
163rd,
Stephens of the
164th,
and Neal of the
1st
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 speed detection devices, so as to prohibit the use of
such devises on highways or bridges which have a grade in excess of 7 percent;
to provide an effective date; 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 speed detection devices, is amended by striking Code Section 40-14-9,
relating to admissibility of certain evidence and use of speed detection devices
on hills, and inserting in its place a new Code Section 40-14-9 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)
No speed detection device shall be employed by county, municipal, or campus law
enforcement officers on any portion of any highway
or
bridge which has a grade in excess of 7
percent.
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.