COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 435
(By Senators Kessler, Bowman, Laird,
Guills, K. Facemyer, White, Unger, Plymale and Wells)
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[Originating in the Committee on the Judiciary;
reported February 22, 2010.]
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A BILL to amend and reenact §17C-6-7 of the Code of West Virginia,
1931, as amended, relating to speed restrictions; prima facie
evidence of speed by certain devices; changing Department of
Public Safety to State Police in this section of said code;
applying this section to all municipalities of the state;
requiring law-enforcement officers to receive training on
speed-measuring devices in order for evidence of speed to be
considered prima facie; requiring the Governor's Committee on
Crime, Delinquency and Correction establish a training program
and certification standards by January 1, 2012; and requiring
law-enforcement officers complete a certified training course
in speed detection prior to January 1, 2013.
Be it enacted by the Legislature of West Virginia:
That §17C-6-7 of the Code of West Virginia, 1931, 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 or reflected light; placing of signs
relative to radar or laser.
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
reflected light, when such evidence is obtained by members of the
department of public safety 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 the vehicle: Provided, That the evidence of speed
is obtained and detected by a certified law enforcement officer who
has completed training for speed measuring devices used to obtain
the speed of the motor vehicle: Provided, however, That the
Governor's Committee on Crime, Delinquency and Correction shall, on
or before January 1, 2012, establish or certify an eight-hour
training and certification program and standards for speed
measuring device training that certified law enforcement officers
who utilize speed measuring devices must complete or otherwise
satisfy in order for any evidence of speed detected by a speed
measuring device put forward by the officer to be accepted of prima
facie evidence. All certified law enforcement officers must have
completed or otherwise satisfied the requirements of this section
prior to January 1, 2013.
In order to inform and educate the public generally that speed
of motor vehicles operating within the state is being tested by
radar or laser mechanisms, the Division 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 or laser mechanisms are
in use.
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(NOTE: Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates new
language that would be added.)