Senate Bill No. 350
(By Senators Ross, Anderson and Unger)
[Originating in the Committee on the Judiciary;
reported February 9, 2000.]
A BILL to amend and reenact section seven, article six, chapter
seventeen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing that the
results of approved microwave or laser technology speed
measuring devices will be accepted in court as prima facie
evidence of a vehicle's speed.
Be it enacted by the Legislature of West Virginia:
That section seven, article six, chapter seventeen-c of the
code of West Virginia, one thousand nine hundred thirty-one, 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; placing of signs relative to radar.
The speed of a motor vehicle may be proved by evidence obtained by use of any device approved for use in this state by the
division of criminal justice services designed to measure and
indicate or record the speed of a moving object by means of
microwaves or laser technology, when such evidence is obtained by
members of the
department of public safety West Virginia 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 vehicle.
In order to inform and educate the public generally that speed
of motor vehicles operating within the state is being tested by
radar 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
mechanisms are in use.
(NOTE: The purpose of this bill is to allow the results of
laser technology speed measuring devices to be accepted in court as
prima facie evidence of a vehicle's speed just as microwave radar
device results are currently accepted as prima facie evidence.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would