H. B. 2070

          (By Delegate Iaquinta)
          [Introduced February 13, 2013; referred to the
          Committee on Roads and Transportation then the Judiciary.]




A BILL to amend and reenact §17C-6-7a of the Code of West Virginia, 1931, as amended, relating to permitting certain law- enforcement officers to use traffic law photo-monitoring devices in determining compliance with laws governing the operation of motor vehicles.
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 Members of the State Police, police officers of incorporated municipalities in Classes I, II and III, as defined by this code, police officers of incorporated Class IV municipalities, except upon controlled access or partially controlled access highways and the sheriff and his or her deputies in the several counties 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.



     NOTE: The purpose of this bill is to allow certain law- enforcement officers to use traffic law photo-monitoring devices in determining compliance with laws governing the operation of motor vehicles.

     Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.