ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 435
(Senators Kessler, Bowman, Laird,
Guills, K. Facemyer, White, Unger, Plymale and Wells, original sponsors)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT 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
State Police, by police officers of incorporated municipalities in
classes one, two and three, as defined in chapter eight-a of this
code,
by police officers of incorporated class four municipalities
except upon controlled access or partially controlled access
highways,
and by the sheriff and his or her deputies. The evidence
so obtained shall be accepted as prima facie evidence of the speed
of 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.