Senate Bill No. 432
(By Senators Kessler, McKenzie, Edgell and Bowman)
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[Introduced February 9, 2000; referred to the Committee
on the Judiciary.]
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A BILL to amend article fourteen, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
fourteen, relating to prohibiting the use of radar detection
devices in motor vehicles.
Be it enacted by the Legislature of West Virginia:
That article fourteen, chapter seventeen-c of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
fourteen, to read as follows:
ARTICLE 14. MISCELLANEOUS RULES.
§17C-14-14. Radar detectors prohibited; penalty.
(a) It is unlawful for any person to operate a motor vehicle
on a public highway when the vehicle is equipped with any device or
mechanism, passive or impassive, to detect or purposefully
interfere with or diminish the measurement capabilities of any
radar, laser or other device or mechanism employed by
law-enforcement personnel to measure the speed of motor vehicles on
the public highways of the state for law-enforcement purposes:
Provided, That this section does not apply to any receiver of radio
waves utilized for lawful purposes to receive any signal from a
frequency lawfully licensed by any state or federal agency.
(b) It is unlawful to use, sell or offer for sale those
devices.
The presence of any prohibited device or mechanism in or on a
motor vehicle on a highway of this state constitutes evidence of a
violation of this section: Provided, That this section shall not
be interpreted to require any law-enforcement officer to seize from
its owner a prohibited device or mechanism, but the officer shall
note and retain a description of the device, including, if any
shall appear, the make, the model and serial number.
(c) Any person violating the provisions of this section is
guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second offense
within one year thereafter, shall be fined not more than two
hundred dollars; and upon a third or subsequent conviction, shall
be fined not more than five hundred dollars.
NOTE: The purpose of this bill is to make it a crime to have,
use or sell radar detectors in this state.
This section is new; therefore, strike-throughs and
underscoring have been omitted.