Senate Bill No. 686
(By Senators Minard, Oliverio, Helmick and Williams)
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[Introduced March 23, 2009; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
the Judiciary.]
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A BILL to amend and reenact §17C-6-7a of the Code of West Virginia,
1931, as amended, relating to allowing the West Virginia State
Police to use traffic law photo-monitoring devices for
verification of security upon a motor vehicle pursuant to the
provisions of section one, article two-a, chapter seventeen of
said code.
Be it enacted by the Legislature of West Virginia:
That §17C-6-7a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 6. SPEED RESTRICTIONS.
§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 or reflected light to obtain evidence
to prove the speed of a motor vehicle pursuant to section seven of
this article.
(e) The provisions of this section do not prohibit use of a
traffic law photo-monitoring device for any other lawful purposes
other than to obtain evidence to prove violations of municipal or
county ordinances or any provision of this code governing or
regulating the operation of motor vehicles.
(f)
This section does not prohibit use of a traffic law photo-monitoring device for verification of security upon a motor vehicle
pursuant to the provisions of article two-a, chapter seventeen of
this code: Provided, That the traffic law photo-monitoring device
is used under the supervision of the West Virginia State Police.
NOTE: The purpose of this bill is to
allow the West Virginia
State Police to use traffic law photo-monitoring devices for
verification of security upon a motor vehicle pursuant to §17-2A-1,
et. seq. of the West Virginia Code.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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