Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 289 - Radar; permit; employment of part-time peace officer

Jamieson, Mary Jeanette (22nd)

Status Summary	HC:	PubS	SC:	Pub S	FR:	01/28/99	LA:	05/03/99	Signed by Governor

First Reader Summary

A BILL to amend Code Section 40-14-2 of the Official Code of Georgia Annotated, relating to permits to operate speed detection devices, so as to authorize the issuance of such permits to an applicant if a part-time peace officer is employed by such applicant; to authorize the use of speed detection devices by registered or certified peace officers; and for other purposes.

HB 289                                              HB 289/AP 
 
      H. B. No. 289 (AS PASSED HOUSE AND SENATE) 
      By:  Representative Jamieson of the 22nd 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 14 of Title 40 of the Official Code of 
  1- 2  Georgia Annotated, relating to the use of radar speed 
  1- 3  detection devices, so as to allow speed detection devices to 
  1- 4  be operated by any registered or certified peace officers of 
  1- 5  the employing agency if that agency provides continuous law 
  1- 6  enforcement services or if the applicant allows only peace 
  1- 7  officers employed full time by the applicant to operate 
  1- 8  speed detection devices; to allow law enforcement agencies 
  1- 9  to use speed detection devices on streets and roads for 
  1-10  which an application is pending; to provide a rebuttable 
  1-11  presumption regarding the use of speed detection devices for 
  1-12  purposes other than the promotion of public health, welfare, 
  1-13  and safety; to exclude certain fines for speeding violations 
  1-14  when calculating total speeding fine revenue for a law 
  1-15  enforcement agency; to provide an effective date; to repeal 
  1-16  conflicting laws; and for other purposes. 
 
  1-17       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-18                           SECTION 1. 
 
  1-19  Chapter 14 of Title 40 of the Official Code of Georgia 
  1-20  Annotated, relating to the use of radar speed detection 
  1-21  devices, is amended by striking subsection (c) of Code 
  1-22  Section 40-14-2, relating to the permit required for radar 
  1-23  use, and inserting in lieu thereof a new subsection (c) to 
  1-24  read as follows: 
 
  1-25    "(c) A permit shall not be issued by the Department of 
  1-26    Public Safety to an applicant under this Code section 
  1-27    unless the applicant employs at least one full-time 
  1-28    provides law enforcement services by certified peace 
  1-29    officer officers 24 hours a day, seven days a week on call 
  1-30    or on duty or allows only peace officers employed full 
  1-31    time by the applicant to operate speed detection devices. 
  1-32    Speed detection devices can only be operated by full-time 
  1-33    registered or certified peace officers of the county 
  1-34    sheriff, county, municipality, college, or university to 
  1-35    which the permit is applicable.  Persons operating the 
 
 
                                 -1- 
 
 
 
  2- 1    speed detection devices must be registered or certified by 
  2- 2    the Georgia Peace Officer Standards and Training Council 
  2- 3    as peace officers and certified by the Georgia Peace 
  2- 4    Officer Standards and Training Council as operators of 
  2- 5    speed detection devices." 
 
  2- 6                           SECTION 2. 
 
  2- 7  Said chapter is further amended by striking subsection (a) 
  2- 8  of Code Section 40-14-3, relating to applications for speed 
  2- 9  detection permits, and inserting in lieu thereof a new 
  2-10  subsection (a) to read as follows: 
 
  2-11    "(a) The A county sheriff, county or municipal governing 
  2-12    authority, of any county or municipality and or the 
  2-13    president of a college or university may apply to the 
  2-14    Department of Public Safety for a permit to authorize the 
  2-15    use of speed detection devices for purposes of traffic 
  2-16    control within such counties, municipalities, colleges, or 
  2-17    universities on streets, roads, and highways, provided the 
  2-18    city, county, college, or university that such application 
  2-19    shall name the street or road on which the device is to be 
  2-20    used and the speed limits on such street or road shall 
  2-21    have been approved by the Office of Traffic Operations of 
  2-22    the Department of Transportation.  Law enforcement 
  2-23    agencies are authorized to use speed detection devices on 
  2-24    streets and roads for which an application is pending as 
  2-25    long as all other requirements for the use of speed 
  2-26    detection devices are met.  Nothing herein shall be 
  2-27    construed to affect the provisions of O.C.G.A. Section 
  2-28    40-14-9." 
 
  2-29                           SECTION 3. 
 
  2-30  Said chapter is further amended by adding a new subsection 
  2-31  at the end of Code Section 40-14-11, relating to when use of 
  2-32  a speed detection device is presumed to be for revenue 
  2-33  purposes, to be designated subsection (d), to read as 
  2-34  follows: 
 
  2-35    "(d) There shall be a rebuttable presumption that a law 
  2-36    enforcement agency is employing speed detection devices 
  2-37    for purposes other than the promotion of the public 
  2-38    health, welfare, and safety if the fines levied based on 
  2-39    the use of speed detection devices for speeding offenses 
  2-40    are equal to or greater than 40 percent of that law 
  2-41    enforcement agency's budget; provided, however, that fines 
  2-42    for speeding violations exceeding 17 miles per hour over 
 
 
 
                                 -2- 
 
 
 
  3- 1    the established speed limit shall not be considered when 
  3- 2    calculating total speeding fine revenue for the agency." 
 
  3- 3                           SECTION 4. 
 
  3- 4  This Act shall become effective upon its approval by the 
  3- 5  Governor or upon its becoming law without such approval. 
 
  3- 6                           SECTION 5. 
 
  3- 7  All laws and parts of laws in conflict with this Act are 
  3- 8  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-