hb287_LC_29_3713S_hs_4.html
09 LC 29 3713S

The House Committee on Judiciary Non-civil offers the following substitute to HB 287:

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of speed detection devices in traffic law enforcement, so as to provide that certain restrictions on the use of such devices shall not apply with respect to the use of speed detection devices in school zones; 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 use of speed detection devices in traffic law enforcement, is amended by revising Code Section 40-14-9, relating to certain restrictions on use of speed detection devices, as follows:
"40-14-9.
(a) Except as provided in subsection (b) of this Code section, evidence 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) The provisions of subsection (a) of this Code section relating to inadmissibility of evidence obtained by using speed detection devices within a certain distance of a reduction of a speed limit shall not apply to evidence obtained from within a properly marked school zone one hour before, during, and one hour after the normal hours of school operation.
(c) 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."

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.