COMMITTEE SUBSTITUTE

FOR

H. B. 4004

( By Delegates Swartzmiller, Ennis, Beach, Kominar,

R.M. Thompson, Talbott and Boggs )


(Originating in the Committee on the Judiciary)

[February 2, 2006]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-6-7a, relating to prohibiting the use of a traffic law photo-monitoring device by police officers to detect traffic law violations; defining "traffic law photo-monitoring device "; providing that evidence obtained by the use of a traffic law photo-monitoring device may not be used to prove a violation of a traffic law; and providing that this section does not prohibit the use of microwave devices to prove violations of a traffic law.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §17C-6-7a , to read as follows:
§17C-6-7a. Prohibition of the use of traffic law photo-monitoring devices to detect or prove traffic law violations.

(a) As used in this section "traffic law photo-monitoring device" means an electronic system consisting of a photographic, video, or electronic camera and a means of sensing the presence of a motor vehicle that automatically produces photographs, videotape, or digital images of the vehicle, its operator, or its license plate.
(b) No police officer may utilize a traffic law photo-monitoring device to determine compliance with, or to detect a violation of, a municipal or county ordinance or any provision of this code that governs or regulates the operation of motor vehicles.
(c) A violation of a municipal or county ordinance or any provision of this code that governs or regulates the operation of motor vehicles may not be proved by evidence obtained by the use of a traffic law photo-monitoring device.
(d) The provisions of this section do not prohibit the use of any device designed to measure and indicate the speed of a moving object by means of microwaves to obtain evidence to prove the speed of a motor vehicle pursuant to section seven of this article.