H. B. 4070
(By Delegates Swartzmiller, Stemple and Ennis)
[Introduced January 19, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §17C-6-7 of the code of West Virginia,
1931, as amended, relating to authorizing the measuring of
speed by laser devices and declaring that evidence of speed so
measured is prima facie evidence.
Be it enacted by the Legislature of West Virginia:
That §17C-6-7
of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§17C-6-7. Prima facie evidence of speed by devices employing
microwaves or lasers; placing of signs relative to
radar.
The speed of a motor vehicle may be proved by evidence
obtained by use of any device designed to measure and indicate or
record the speed of a moving object by means of microwaves or
lasers, when such this evidence is obtained by members of the department of public safety state police, by police officers of
incorporated municipalities in classes one, two and three, as
defined in chapter eight-a of this code, and by the sheriff and his
or her deputies of the several counties of the state. The evidence
so obtained shall be accepted as prima facie evidence of the speed
of such the vehicle.
In order to inform and educate the public generally that speed
of motor vehicles operating within the state is being tested by
radar or laser mechanisms, the state road commission commissioner
of highways shall locate and place suitable and informative
stationary and movable signs at strategic points on and along
highways in each county of the state giving notice to the public
that such radar or laser mechanisms are in use.
NOTE: The purpose of this bill is to authorize the measuring
of speed by laser devices and declaring that this is prima facie
evidence.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.