08 LC 34
1454
House
Bill 968
By:
Representatives Jacobs of the
80th,
Chambers of the
81st,
Millar of the
79th,
Levitas of the
82nd,
Watson of the
91st,
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 speed detection devices, so as to exempt certain parks
from the limitation of ten miles over the speed limit before making a case for
speeding based on speed detection devices; to exempt certain counties from the
limitation of using a speed detection device where the highway grade is more
than 7 percent; to provide for related matters; 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 revising subsection (b) of Code
Section 40-14-8, relating to when a case may be made and a conviction had based
on evidence from speed detection devices, to read as follows:
"(b)
The limitations contained in subsection (a) of this Code section shall not apply
in properly marked school zones one hour before, during, and one hour after the
normal hours of school operation, in properly marked historic districts,
and
in properly marked residential
zones, and in
parks containing at least one playground or athletic
field. For purposes of this chapter,
thoroughfares with speed limits of 35 miles per hour or more shall not be
considered residential districts. For purposes of this Code section, the term
'historic district' means a historic district as defined in paragraph (5) of
Code Section 44-10-22 and which is listed on the Georgia Register of Historic
Places or as defined by ordinance adopted pursuant to a local constitutional
amendment."
SECTION
2.
Said
article is further amended by revising Code Section 40-14-9, relating to
admissibility of evidence obtained in certain areas by the use of speed
detection devices, to read as follows:
"40-14-9.
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. 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.
This 7 percent
grade limitation on the use of speed detection devices shall not apply in a
county or municipality that levies a sales tax for the purposes of operating a
metropolitan area system of public transportation, except on any portion of an
interstate highway that passes through such county or
municipality."
SECTION
3.
This
Act shall become effective on July 1, 2008.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.