HB 1256 - Radar; right to view and inspect reading
Georgia House of Representatives - 1995/1996 Sessions
HB 1256 - Radar; right to view and inspect reading
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10
1. Jamieson 22nd 2. Stephenson 25th
House Comm: MotV / Senate Comm: Judy /
House Vote: Yeas 139 Nays 0 Senate Vote: Yeas 50 Nays 1
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House Action Senate
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1/11/96 Read 1st Time 2/2/96
1/12/96 Read 2nd Time 3/13/96
1/23/96 Favorably Reported 3/13/96
Committee Amend/Sub Sub
2/1/96 Read 3rd Time 3/15/96
2/1/96 Passed/Adopted 3/15/96
FA Comm/Floor Amend/Sub CSFA
3/18/96 Amend/Sub Disagreed To
3/18/96 Insists 3/18/96
3/18/96 Conf Comm Appointed 3/18/96
3/18/96 Conf Comm Rep Adopted 3/18/96
4/2/96 Sent to Governor
4/15/96 Signed by Governor
1011 Act/Veto Number
7/1/96 Effective Date
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Code Sections amended: 35-8-2, 35-8-12, 40-6-396, 40-14-1, 40-14-2, 40-14-3,
40-14-5, 40-14-6, 40-14-10, 40-14-11, 40-14-12, 40-14-13, 40-14-14
HB 1256 HB 1256/AP
H. B. No. 1256 (AS PASSED HOUSE AND SENATE)
By: Representatives Jamieson of the 22nd and Stephenson of
the 25th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 8 of Title 35 of the Official Code of
1- 2 Georgia Annotated, relating to employment and training of
1- 3 peace officers, so as to change the definition of "speed
1- 4 detection device"; to change certain provisions relating to
1- 5 certification to use speed detection devices; to provide for
1- 6 notice of certain suspensions or revocations; to provide for
1- 7 the suspension or revocation of certain permits of certain
revocation, and inserting in lieu thereof the following: r " e - v - e
1- 9 of Georgia Annotated, relating to motor vehicles and
1-10 traffic, so as to provide for the offenses of homicide by
1-11 interference with an official traffic-control device or
1-12 railroad sign or signal and serious injury by interference
1-13 with an official traffic-control device or railroad sign or
1-14 signal; to provide for penalties; to change the definition
1-15 of "speed detection device"; to change certain provisions
1-16 related to permit requirements; to change certain provisions
1-17 related to permit applications; to change certain provisions
1-18 regarding testing of radar devices; to change certain
1-19 provisions relating to warning signs required; to change
1-20 certain provisions relating to unlawful use of devices; to
1-21 change certain provisions relating to investigations by the
1-22 commissioner of public safety; to provide for notice of
1-23 certain suspensions or revocations; to provide for the
1-24 suspension or revocation of certain permits of certain
1-25 employing agencies; to change certain provisions relating to
1-26 administrative hearings upon permit suspension or
1-27 revocation; to change certain provisions relating to appeal
1-28 of permit suspension or revocation; to change certain
1-29 provisions relating to petition for reconsideration
1-30 following permit suspension or revocation; to repeal
1-31 conflicting laws; and for other purposes.
1-32 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-33 Chapter 8 of Title 35 of the Official Code of Georgia
1-34 Annotated, relating to employment and training of peace
H. B. No. 1256
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HB 1256/AP
2- 1 officers, is amended by striking paragraph (11) of Code
2- 2 Section 35-8-2, relating to definitions, and inserting in
2- 3 lieu thereof the following:
2- 4 "(11) 'Speed detection device' means that particular
2- 5 device designed to measure the speed or velocity of a
2- 6 motor vehicle and marketed under the name 'Vascar,' any
2- 7 device designed to measure the speed or velocity of
2- 8 motor vehicles using the Doppler principle of radio
2- 9 detection and ranging and commonly marketed under the
2-10 name 'radar,' or any similar device, including but not
2-11 limited to laser, operating under the same or similar
2-12 principle, which device is approved by the Department of
2-13 Public Safety for the measurement of speed, including
2-14 any device for the measurement of speed or velocity
2-15 based upon the Doppler principle of radar or speed
2-16 timing principle of laser."
SECTION 2.
2-17 Said chapter is further amended by striking Code Section
2-18 35-8-12, relating to certification to use speed detection
2-19 devices, and inserting in lieu thereof the following:
2-20 "35-8-12. (Index)
2-21 (a) Persons employed or appointed by any agency, organ, or
2-22 department of this state or a subdivision or municipality
2-23 thereof authorized to use speed detection devices shall be
2-24 required to be certified by the council as qualified speed
2-25 detection device operators. Each person operating radar
2-26 speed or laser detection devices shall satisfactorily
2-27 complete a course of instruction in the theory and
2-28 application of speed detection device operation as a
2-29 condition for certification. The council shall establish
2-30 and modify the curriculum for the course of instruction,
2-31 including a minimum number of hours. Persons authorized
2-32 and qualified to conduct the course of instruction
2-33 required by this Code section shall be certified by the
2-34 council as speed detection device operator instructors
2-35 upon complying with requirements prescribed by the
2-36 council. The council shall have the authority to recognize
2-37 instruction received by persons subject to the
2-38 requirements of this Code section if, in the determination
2-39 of the council, the instruction is at least equivalent to
2-40 that required by this chapter. If the instruction is
2-41 recognized, then it shall be accepted in lieu of part or
2-42 parts of the minimum hours of instruction required for
H. B. No. 1256
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HB 1256/AP
3- 1 speed detection device certification by this chapter.
3- 2 Should any person fail to complete successfully the
3- 3 training requirements for operation of speed detection
3- 4 devices, he or she shall not perform any functions related
3- 5 to the use of the devices until such training shall have
3- 6 been successfully completed and until such time as the
3- 7 council shall issue appropriate certification. All persons
3- 8 certified to use speed detection devices shall complete an
3- 9 update or refresher training course of such duration and
3-10 at such time as may be prescribed by the council in order
3-11 for their speed detection device operators' certifications
3-12 to remain in force and effect. The council is authorized
3-13 to withdraw or suspend the certification of any person for
3-14 failure to meet the update or refresher requirements
3-15 specified in this Code section or for violation of any
3-16 portion of this chapter relating to conditions which may
3-17 lead to the withdrawal or suspension of peace officer
3-18 certification to operate radar or laser speed detection
3-19 devices.
3-20 (b) Upon the withdrawal or suspension of any certificate
3-21 to operate speed detection devices for the reasons set
3-22 forth in this Code section, the executive director of the
3-23 council shall notify the commissioner. The notification
3-24 shall contain the officer's name and employing law
3-25 enforcement agency.
3-26 (c) Upon receipt from the commissioner that a speed
3-27 detection device permit has been suspended or revoked
3-28 pursuant to Code Section 40-14-11, the council shall
3-29 withdraw or suspend the certification to operate speed
3-30 detection devices for every certified operator employed by
3-31 the agency whose permit has been suspended or revoked.
3-32 The period of withdrawal or suspension shall be consistent
3-33 with the action taken by the department."
SECTION 3.
3-34 Title 40 of the Official Code of Georgia Annotated, relating
3-35 to motor vehicles and traffic, is amended by adding a new
3-36 Code Section immediately following Code Section 40-6-395, to
3-37 be designated Code Section 40-6-396 to read as follows:
3-38 "40-6-396. (Index)
3-39 (a) Any person who, without malice aforethought, causes
3-40 the death of another person through the violation of
3-41 subsection (a) of Code Section 40-6-26 commits the offense
3-42 of homicide by interference with an official
H. B. No. 1256
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HB 1256/AP
4- 1 traffic-control device or railroad sign or signal and,
4- 2 upon conviction thereof, shall be punished by imprisonment
4- 3 for not less than two nor more than 15 years.
4- 4 (b) Any person who, without malice aforethought, causes
4- 5 bodily harm to another by depriving such other person of a
4- 6 member of his or her body, by rendering a member of his or
4- 7 her body useless, by seriously disfiguring his or her body
4- 8 or a member thereof, or by causing organic brain damage
4- 9 which renders the body or any member thereof useless
4-10 through the violation of subsection (a) of Code Section
4-11 40-6-26 commits the offense of serious injury by
4-12 interference with an official traffic-control device or
4-13 railroad sign or signal and, upon conviction thereof,
4-14 shall be punished by imprisonment for not less than one
4-15 nor more than five years."
SECTION 4.
4-16 Said title is further amended by striking paragraph (4) of
4-17 Code Section 40-14-1, relating to definitions, and inserting
4-18 in lieu thereof the following:
4-19 "(4) 'Speed detection device' means, unless otherwise
4-20 indicated, that particular device designed to measure
4-21 the speed or velocity of a motor vehicle and marketed
4-22 under the name 'Vascar' or any similar device operating
4-23 under the same or similar principle and any devices for
4-24 the measurement of speed or velocity based upon the
4-25 Doppler principle of radar or the speed timing principle
4-26 of laser. All such devices must meet or exceed the
4-27 minimum performance specifications established by the
4-28 Department of Public Safety."
SECTION 5.
4-29 Said title is further amended by striking paragraph (4) of
4-30 Code Section 40-14-1, relating to definitions, and inserting
4-31 in lieu thereof the following:
4-32 "(4) 'Speed detection device' means, unless otherwise
4-33 indicated, that particular device designed to measure
4-34 the speed or velocity of a motor vehicle and marketed
4-35 under the name 'Vascar' or any similar device operating
4-36 under the same or similar principle and any devices for
4-37 the measurement of speed or velocity based upon the
4-38 Doppler principle of radar or the speed timing principle
4-39 of laser. All such devices must meet or exceed the
H. B. No. 1256
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HB 1256/AP
5- 1 minimum performance specifications established by the
5- 2 Department of Public Safety."
SECTION 6.
5- 3 Said title is further amended by striking Code Section
5- 4 40-14-2, relating to permit requirements, and inserting in
5- 5 lieu thereof the following:
5- 6 "40-14-2. (Index)
5- 7 (a) The law enforcement officers of the various counties,
5- 8 municipalities, colleges, and universities may use speed
5- 9 detection devices only if the governing authorities of
5-10 such counties and municipalities or the president of such
5-11 college or university shall approve of and desire the use
5-12 of such devices and shall apply to the Department of
5-13 Public Safety for a permit to use such devices in
5-14 accordance with this chapter.
5-15 (b) No county, municipality, college, or university shall
5-16 be authorized to use speed detection devices where any
5-17 arresting officer or official of the court having
5-18 jurisdiction of traffic cases is paid on a fee system.
5-19 This subsection shall not apply to any official receiving
5-20 a recording fee.
5-21 (c) A permit shall not be issued by the Department of
5-22 Public Safety to an applicant under this Code section
5-23 unless the applicant employs full-time or part-time,
5-24 certified peace officers."
SECTION 7.
5-25 Said title is further amended by striking Code Section
5-26 40-14-3, relating to application for permit, and inserting
5-27 in lieu thereof the following:
5-28 "40-14-3. (Index)
5-29 (a) The governing authority of any county or municipality
5-30 and the president of a college or university may apply to
5-31 the Department of Public Safety for a permit to authorize
5-32 the use of speed detection devices for purposes of traffic
5-33 control within such counties, municipalities, colleges, or
5-34 universities on streets, roads, and highways, provided the
5-35 city, county, college, or university shall name the street
5-36 or road on which the device is to be used and the speed
5-37 limits on such street or road shall have been approved by
5-38 the Office of Traffic Operations of the Department of
5-39 Transportation.
H. B. No. 1256
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HB 1256/AP
6- 1 (b) The Department of Public Safety is authorized to
6- 2 prescribe by appropriate rules and regulations the manner
6- 3 and procedure in which applications shall be made for such
6- 4 permits and to prescribe the required information to be
6- 5 submitted by the applicants. The Department of Public
6- 6 Safety may deny the application or suspend the speed
6- 7 detection device permit for failure to provide information
6- 8 or documentation at the department's request."
SECTION 8.
6- 9 Said title is further amended by striking subsection (b) of
6-10 Code Section 40-14-5, relating to testing of radar devices,
6-11 and inserting in its place a new subsection (b) to read as
6-12 follows:
6-13 "(b) Each county, municipal, or campus law enforcement
6-14 officer using a radar device shall notify each person
6-15 against whom the officer intends to make a case based on
6-16 the use of the radar device that the person has a right to
6-17 request the officer to test the radar device for accuracy.
6-18 The notice shall be given prior to the time a citation and
6-19 complaint or ticket is issued against the person and, if
6-20 requested to make a test, the officer shall test the radar
6-21 device for accuracy. In the event the radar device does
6-22 not meet the minimum accuracy requirements, the citation
6-23 and complaint or ticket shall not be issued against the
6-24 person, and the radar device shall be removed from service
6-25 and thereafter shall not be used by the county, municipal,
6-26 or campus law enforcement agency until it has been
6-27 serviced, calibrated, and recertified by a technician with
6-28 the qualifications specified in Code Section 40-14-4."
SECTION 9.
6-29 Said title is further amended by striking Code Section
6-30 40-14-6, relating to the requirement for warning signs, and
6-31 inserting in its place a new Code Section 40-14-6 to read as
6-32 follows:
6-33 "40-14-6. (Index)
6-34 (a) Each county, municipality, college, and university
6-35 using speed detection devices shall erect signs on every
6-36 highway which comprises a part of the state highway system
6-37 at that point on the highway which intersects the
6-38 corporate limits of the municipality, the county boundary,
6-39 or the boundary of the college or university campus. Such
6-40 signs shall be at least 30 by 30 inches in area and shall
H. B. No. 1256
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HB 1256/AP
7- 1 warn approaching motorists that speed detection devices
7- 2 are being employed. No such devices shall be used within
7- 3 500 feet of any such warning sign erected pursuant to this
7- 4 Code section subsection.
7- 5 (b) In addition to the signs required under subsection (a)
7- 6 of this Code section, each county, municipality, college,
7- 7 and university using speed detection devices shall erect
7- 8 speed limit warning signs on every highway which comprises
7- 9 a part of the state highway system at that point on the
7-10 highway which intersects the corporate limits of the
7-11 municipality, the county boundary, or the boundary of the
7-12 college or university campus. Such signs shall be at
7-13 least 30 by 30 inches in area, shall warn approaching
7-14 motorists of changes in the speed limit, shall be visible
7-15 plainly from every lane of traffic, shall be viewable in
7-16 any traffic conditions, and shall not be placed in such a
7-17 manner that the view of such sign is subject to being
7-18 obstructed by any other vehicle on such highway. No such
7-19 devices shall be used within 500 feet of any such warning
7-20 sign erected pursuant to this subsection."
SECTION 10.
7-21 Said title is further amended by striking Code Section
7-22 40-14-10, relating to unlawful use of devices, and inserting
7-23 in lieu thereof a new Code Section 40-14-10 to read as
7-24 follows:
7-25 "40-14-10. (Index)
7-26 It shall be unlawful for radar speed detection devices to
7-27 be used in any county or municipality or on any campus for
7-28 which a permit authorizing such use has not been issued or
7-29 for which a permit authorizing such use has been suspended
7-30 or revoked and not reissued. It shall be unlawful for any
7-31 official of such county, municipality, college, or
7-32 university to order such radar speed detection devices to
7-33 be used. It shall be unlawful for any law enforcement
7-34 officer of any such county, municipality, college, or
7-35 university to use any such radar speed detection devices.
7-36 Any such official or law enforcement officer violating
7-37 this Code section shall be guilty of a misdemeanor."
SECTION 11.
7-38 Said title is further amended by striking Code Section
7-39 40-14-11, relating to investigations by the commissioner of
H. B. No. 1256
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HB 1256/AP
8- 1 public safety, and inserting in lieu thereof a new Code
8- 2 Section 40-14-11 to read as follows:
8- 3 "40-14-11. (Index)
8- 4 (a) Upon a complaint being made to the commissioner of
8- 5 public safety that any county, municipality, college, or
8- 6 university is employing radar speed detection devices for
8- 7 purposes other than the promotion of the public health,
8- 8 welfare, and safety or in a manner which violates this
8- 9 chapter or violates its speed detection device permit, the
8-10 commissioner or his the commissioner's designee is
8-11 authorized and empowered to conduct an investigation into
8-12 the acts and practices of such county, municipality,
8-13 college, or university with respect to radar speed
8-14 detection devices. If, as a result of this investigation,
8-15 the commissioner or his the commissioner's designee finds
8-16 that there is probable cause to suspend or revoke the
8-17 radar speed detection device permit of such county,
8-18 municipality, college, or university, he or she shall
8-19 issue an order to that effect.
8-20 (b) Upon the suspension or revocation of any speed
8-21 detection device permit for the reasons set forth in this
8-22 Code section, the commissioner of public safety shall
8-23 notify the executive director of the Georgia Peace Officer
8-24 Standards and Training Council of the action taken.
8-25 (c) Upon receipt from the executive director of the
8-26 Georgia Peace Officer Standards and Training Council that
8-27 an officer's certification to operate speed detection
8-28 devices has been withdrawn or suspended pursuant to Code
8-29 Section 35-8-12, the commissioner of public safety or the
8-30 commissioner's designee shall suspend the speed detection
8-31 device permit for the employing agency. The period of
8-32 suspension or revocation shall be consistent with the
8-33 action taken by the Georgia Peace Officer Standards and
8-34 Training Council."
SECTION 12.
8-35 Said title is further amended by striking Code Section
8-36 40-14-12, relating to administrative hearing upon permit
8-37 suspension or revocation, and inserting in lieu thereof a
8-38 new Code Section 40-14-12 to read as follows:
8-39 "40-14-12. (Index)
8-40 Upon issuance by the commissioner of public safety of an
8-41 order suspending or revoking the radar speed detection
H. B. No. 1256
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HB 1256/AP
9- 1 device permit of any county, municipality, college, or
9- 2 university, the county, municipality, college, or
9- 3 university affected shall be afforded a hearing, to be
9- 4 held within ten days of the effective date of the order.
9- 5 The hearing shall be held before the commissioner or
9- 6 deputy commissioner of public safety, and following the
9- 7 hearing the county, municipality, college, or university
9- 8 affected shall be served with a written decision
9- 9 announcing whether the permit shall remain revoked or
9-10 whether it shall be reinstated."
SECTION 13.
9-11 Said title is further amended by striking Code Section
9-12 40-14-13, relating to appeal of permit suspension or
9-13 revocation, and inserting in lieu thereof the following:
9-14 "40-14-13. (Index)
9-15 Any county, municipality, college, or university aggrieved
9-16 by a decision of the commissioner or deputy commissioner
9-17 of public safety suspending or revoking its radar speed
9-18 detection device permit may appeal that decision within 30
9-19 days of its effective date to the Board of Public Safety,
9-20 which shall schedule a hearing with respect thereto before
9-21 the board. Following a hearing before the board, the
9-22 county, municipality, college, or university affected
9-23 shall be served with a written decision announcing whether
9-24 the permit shall remain revoked or whether it shall be
9-25 reinstated. An adverse decision of the board may be
9-26 appealed by the county, municipality, college, or
9-27 university to the superior court with appropriate
9-28 jurisdiction, but the municipality, county, college, or
9-29 university shall be denied the use of the radar speed
9-30 detection device until after such appeal is decided by the
9-31 court."
SECTION 14.
9-32 Said title is further amended by striking Code Section
9-33 40-14-14, relating to petition for reconsideration following
9-34 permit suspension or revocation, and inserting in lieu
9-35 thereof the following:
9-36 "40-14-14. (Index)
9-37 At the expiration of six months following the suspension
9-38 or revocation of a radar speed detection device permit by
9-39 the Board of Public Safety or, if no appeal was taken, by
9-40 the commissioner or deputy commissioner of public safety,
H. B. No. 1256
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HB 1256/AP
10- 1 the governing authority of any such county or municipality
10- 2 or the president of any such college or university may,
10- 3 upon a change of circumstances being shown to the
10- 4 commissioner, petition the commissioner for a
10- 5 reconsideration of whether such county, municipality,
10- 6 college, or university should be permitted to use radar
10- 7 speed detection devices within their respective
10- 8 jurisdictions."
SECTION 15.
10- 9 All laws and parts of laws in conflict with this Act are
10-10 repealed.
H. B. No. 1256
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Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97