Senate Bill No. 350
(By Senators Ross, Anderson and Unger)
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[Introduced January 31, 2000; referred to the Committee
on the Judiciary.]
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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 a laser technology speed measuring device 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 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
be added.