05 LC 22
5878
House
Bill 732
By:
Representatives Day of the
163rd,
Cox of the
102nd,
Neal of the
1st,
Horne of the
71st,
and James of the
135th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 40-14-5 of the Official Code of Georgia Annotated, relating
to testing of radar devices and removal of inaccurate devices from service, so
as to provide for requesting testing of laser devices for accuracy; to provide
for notice; to provide for the effect of failure of a device to meet minimum
accuracy requirements; to provide for an effective date; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 40-14-5 of the Official Code of Georgia Annotated, relating to testing
of radar devices and removal of inaccurate devices from service, is amended by
striking subsection (b) and inserting in lieu thereof the
following:
"(b)
Each county, municipal, or campus law enforcement officer using a radar device
or laser
device for speed detection shall notify
each person against whom the officer intends to make a case based on the use of
the radar device
or laser
device that the person has a right to
request the officer to test the radar device
or laser
device, as applicable, for accuracy. The
notice shall be given prior to the time a citation and complaint or ticket is
issued against the person and, if requested to make a test, the officer shall
test the radar device
or laser
device, as applicable, for accuracy. In
the event the radar device
or laser
device, as applicable, does not meet the
minimum accuracy requirements, the citation and complaint or ticket shall not be
issued against the person, and the radar device
or laser
device, as applicable, shall be removed
from service and thereafter shall not be used by the county, municipal, or
campus law enforcement agency until it has been serviced, calibrated, and
recertified by a technician with the qualifications specified in Code Section
40-14-4."
SECTION
2.
This
Act shall become effective on July 1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.