H. B. 4004
(By Delegates Swartzmiller, Ennis, Beach, Kominar,
R.M. Thompson, Talbott and Boggs)
[Introduced January 11, 2006; referred to the
Committee on Roads and Transportation then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §17C-3-4c, relating
to allowing the use of a traffic law photo-monitoring device
to detect traffic law violations only if a law-enforcement
officer is present at the location of the device and issues
tickets at the time and location of the violations.
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-3-4c, to read as
follows:
ARTICLE 3. TRAFFIC SIGNS, SIGNALS AND MARKINGS.
§17C-3-4c. Use of traffic law photo-monitoring device to detect
traffic law violations
.
(a) As used in this section:
(1) "Law-enforcement agency" means any law-enforcement agency of a local authority;
(2) "Law-enforcement officer" means any law-enforcement
officer employed by a law-enforcement agency of a local authority;
(3) "Local authority" means a municipal corporation or county;
and
(4) "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) A local authority may authorize the law-enforcement agency
of that local authority to utilize a traffic law photo-monitoring
device within its boundaries to determine compliance with, or to
detect a violation, of a municipal ordinance or any provision of
the West Virginia Code that governs or regulates the operation of
motor vehicles only if the traffic law photo-monitoring device is
utilized and operated for such purposes only when a law-enforcement
officer is present at the location of the traffic law
photo-monitoring device and issues tickets, citations, or summonses
at the time and location of the traffic law violations.
(c) The State Police may utilize a traffic law
photo-monitoring device to determine compliance with, or to detect
a violation of, any provision of the West Virginia Code that
governs or regulates the operation of motor vehicles only if a State Police trooper is present at the location of the traffic law
photo-monitoring device and issues tickets, citations, or summonses
at the time and location of the traffic law violations.
NOTE: The purpose of this bill is to
allow the use of a
traffic law photo-monitoring device to detect traffic law
violations only if a law-enforcement officer is present at the
location of the device and issues tickets at the time and location
of the violations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.