Connecticut 2019 Regular Session

Connecticut House Bill HB06392 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 6392
	4	+	LCO No. 6162 1 of 4
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	6	+	General Assembly Committee Bill No. 6392
8	7		January Session, 2019
	8	+	LCO No. 6162
	9	+
	10	+
	11	+	Referred to Committee on TRANSPORTATION
	12	+
	13	+
	14	+	Introduced by:
	15	+	(TRA)
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12	19		AN ACT CONCERNING HI GHWAY WORK ZONE SAFETY
13	20		ENFORCEMENT.
14	21		Be it enacted by the Senate and House of Representatives in General
15	22		Assembly convened:
16	23
17	24		Section 1. (NEW) (Effective from passage) (a) For the purposes of this 1
18	25		section: (1) "Automated traffic enforcement safety device" means a 2
19	26		photographic device, radar device, laser device or other electrical or 3
20	27		mechanical device designed to record the speed of a motor vehicle and 4
21	28		obtain a recorded image of the motor vehicle exceeding the posted 5
22		-	speed limit by ten miles per hour or more in a highway work zone ~~and~~ 6
23		-	~~allegedly committing a~~ violation ~~specified in~~ subsection (e) of section 7
24		-	~~14-219 of the general statutes, and~~ (2) "highway work zone" and 8
25		-	~~"highway worker" have the same~~ meanings as provided in subsection 9
26		-	~~(a) of section 14-212d of the~~ general statutes. 10
	29	+	speed limit by ten miles per hour or more in a highway work zone in 6
	30	+	violation of subsection (e) of section 14-219 of the general statutes, and 7
	31	+	(2) "highway work zone" and "highway worker" have the same 8
	32	+	meanings as provided in subsection (a) of section 14-212d of the 9
	33	+	general statutes. 10
27	34		(b) (1) The Commissioner of Transportation may install, operate and 11
28	35		maintain automated traffic enforcement safety devices in highway 12
29		-	work zones, or may enter into an agreement with a contractor for such 13
30		-	installation, operation and maintenance. Such safety devices shall 14
31		-	produce one or more recorded images of the number plate of a motor 15
32		-	vehicle exceeding the posted speed limit by ten miles per hour or more 16
33		-	while in a highway work zone and allegedly committing a violation 17
34		-	specified in subsection (e) of section 14-219 of the general statutes. Any 18
35		-	recorded image produced by such safety device shall indicate the date, 19
36		-	time and location of the alleged violation. 20 Substitute Bill No. 6392
	36	+	work zones, or may enter into an agreement with a contractor for the 13
	37	+	installation, operation and maintenance of such safety devices. Such 14
	38	+	safety devices shall produce one or more recorded images of the 15
	39	+	number plate of a motor vehicle exceeding the posted speed limit by 16
	40	+	Committee Bill No. 6392
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	45	+	ten miles per hour or more while in a highway work zone in violation 17
	46	+	of subsection (e) of section 14-219 of the general statutes. Any recorded 18
	47	+	image produced by such safety device shall indicate the date, time and 19
	48	+	location of the violation. 20
43	49		(2) The commissioner shall post signs at the beginning of a highway 21
44	50		work zone in which an automated traffic enforcement safety device is 22
45	51		installed and operational that indicates the use of such safety device. 23
46	52		Such safety device shall not be operational unless one or more 24
47	53		highway workers are in the highway work zone. 25
48	54		(3) An automated traffic enforcement safety device shall be installed 26
49	55		in a manner to record images of the number plate of a motor vehicle 27
50	56		only, and shall not record images of the occupants of such motor 28
51	57		vehicle or of any other persons or vehicles in the vicinity at the time 29
52	58		the images are recorded. 30
53	59		(c) Whenever an automated traffic enforcement safety device detects 31
54	60		and produces recorded images of a motor vehicle exceeding the posted 32
55		-	speed limit by ten miles per hour or more in a highway work zone ~~and~~ 33
56		-	~~allegedly committing a~~ violation ~~specified in~~ subsection (e) of section 34
57		-	~~14-219 of the general statutes, an~~ officer of the Division of State Police 35
58		-	~~within the Department of~~ Emergency Services and Public Protection 36
59		-	~~shall review the recorded~~ images provided by such safety device. If, 37
60		-	~~after such review, such~~ officer determines that there are reasonable 38
61		-	~~grounds to believe that a~~ violation has occurred, such officer may 39
62		-	~~authorize the issuance of a~~ summons for the alleged violation. If such 40
63		-	~~officer authorizes the~~ issuance of a summons for the alleged violation, 41
64		-	~~the Division of State~~ Police shall, not later than ten days after the 42
65		-	~~alleged violation, mail a~~ summons to the registered owner of the motor 43
66		-	~~vehicle together with a~~ copy of the recorded images. Any person who 44
67		-	~~receives a summons~~ pursuant to this subsection shall follow the 45
68		-	~~procedures set forth in~~ section 51-164n of the general statutes. 46
	61	+	speed limit by ten miles per hour or more in a highway work zone in 33
	62	+	violation of subsection (e) of section 14-219 of the general statutes, an 34
	63	+	officer of the Division of State Police within the Department of 35
	64	+	Emergency Services and Public Protection shall review the recorded 36
	65	+	images provided by such safety device. If, after such review, such 37
	66	+	officer determines that there are reasonable grounds to believe that a 38
	67	+	violation has occurred, such officer may authorize the issuance of a 39
	68	+	summons for the alleged violation. If such officer authorizes the 40
	69	+	issuance of a summons for the alleged violation, the Division of State 41
	70	+	Police shall, not later than ten days after the alleged violation, mail a 42
	71	+	summons to the registered owner of the motor vehicle together with a 43
	72	+	copy of the recorded images. Any person who receives a summons 44
	73	+	pursuant to this subsection shall follow the procedures set forth in 45
	74	+	section 51-164n of the general statutes. 46
69	75		(d) A recorded image that clearly shows the number plate of a 47
70	76		motor vehicle exceeding the posted speed limit by ten miles per hour 48
	77	+	Committee Bill No. 6392
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	79	+
	80	+	LCO No. 6162 3 of 4
	81	+
71	82		or more in a highway work zone shall be sufficient proof of the 49
72	83		identity of the motor vehicle. 50
73	84		(e) All defenses shall be available to any person who is alleged to 51
74		-	have committed a violation specified in subsection (e) of section 14-219 52 Substitute Bill No. 6392
	85	+	have committed a violation of subsection (e) of section 14-219 of the 52
	86	+	general statutes that is detected and recorded by an automated traffic 53
	87	+	enforcement safety device, including, but not limited to, that (1) the 54
	88	+	violation was necessary to allow the passage of an authorized 55
	89	+	emergency vehicle, (2) the violation was necessary to avoid injuring 56
	90	+	the person or property of another, (3) the violation was incurred 57
	91	+	during a period of time in which the motor vehicle had been reported 58
	92	+	as being stolen to a law enforcement unit, as defined in section 7-294a 59
	93	+	of the general statutes, and had not been recovered prior to the time of 60
	94	+	the violation, (4) the operator was convicted of a violation of 61
	95	+	subsection (e) of section 14-219 of the general statutes while in a 62
	96	+	highway work zone for the same incident based upon a separate and 63
	97	+	distinct summons issued by an officer, as defined in section 14-1 of the 64
	98	+	general statutes, (5) the owner was not operating the motor vehicle at 65
	99	+	the time of the violation, or (6) the violation was necessary in order for 66
	100	+	the operator to comply with any other general statute or regulation 67
	101	+	concerning the operation of a motor vehicle. 68
	102	+	(f) No person shall be subject to prosecution for a violation of 69
	103	+	subsection (e) of section 14-219 of the general statutes that is detected 70
	104	+	and recorded by an automated traffic enforcement safety device and 71
	105	+	section 14-212d of the general statutes because of the same offense. 72
	106	+	(g) No recorded image produced by a n automated traffic 73
	107	+	enforcement safety device may be introduced as evidence in any other 74
	108	+	civil or criminal proceedings. 75
	109	+	(h) A recorded image produced by a n automated traffic 76
	110	+	enforcement safety device shall be destroyed (1) ninety days after the 77
	111	+	date of the alleged violation if a summons is not issued for such 78
	112	+	alleged violation pursuant to subsection (c) of this section, or (2) upon 79
	113	+	final disposition of the case to which it pertains if a summons is issued 80
	114	+	Committee Bill No. 6392
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81		-	of the general statutes that is detected and recorded by an automated 53
82		-	traffic enforcement safety device, including, but not limited to, that (1) 54
83		-	the violation was necessary to allow the passage of an authorized 55
84		-	emergency vehicle, (2) the violation was necessary to avoid injuring 56
85		-	the person or property of another, (3) the violation took place during a 57
86		-	period of time in which the motor vehicle had been reported as being 58
87		-	stolen to a law enforcement unit, as defined in section 7-294a of the 59
88		-	general statutes, and had not been recovered prior to the time of the 60
89		-	violation, (4) the operator was convicted of committing a violation 61
90		-	specified in subsection (e) of section 14-219 of the general statutes 62
91		-	while in a highway work zone for the same incident based upon a 63
92		-	separate and distinct summons issued by an officer, as defined in 64
93		-	section 14-1 of the general statutes, (5) the owner was not operating the 65
94		-	motor vehicle at the time of the violation, or (6) the violation was 66
95		-	necessary in order for the operator to comply with any other general 67
96		-	statute or regulation concerning the operation of a motor vehicle. 68
97		-	(f) No person shall be subject to prosecution for committing a 69
98		-	violation specified in subsection (e) of section 14-219 of the general 70
99		-	statutes that is detected and recorded by an automated traffic 71
100		-	enforcement safety device and section 14-212d of the general statutes 72
101		-	because of the same offense. 73
102		-	(g) No recorded image produced by a n automated traffic 74
103		-	enforcement safety device may be introduced as evidence in any other 75
104		-	civil or criminal proceedings. 76
105		-	(h) A recorded image produced by a n automated traffic 77
106		-	enforcement safety device shall be destroyed (1) ninety days after the 78
107		-	date of the alleged violation, if a summons is not issued for such 79
108		-	alleged violation pursuant to subsection (c) of this section, or (2) upon 80
109		-	final disposition of the case to which it pertains, if a summons is issued 81
110		-	for such alleged violation pursuant to subsection (c) of this section. 82 Substitute Bill No. 6392
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	119	+	for such alleged violation pursuant to subsection (c) of this section. 81
117	120		This act shall take effect as follows and shall amend the following
118	121		sections:
119	122
120	123		Section 1 from passage New section
121	124
122		-	Statement of Legislative Commissioners:
123		-	In Subsecs. (a), (b) and (c), "in violation of" was changed to "and
124		-	allegedly committing a violation specified in" for accuracy; in Subsec.
125		-	(b), "the" was changed to "such" and "of such safety devices" was
126		-	deleted for conciseness and "alleged" was inserted before "violation"
127		-	for accuracy; in Subsec. (e), "of" was changed to "specified" for
128		-	accuracy and "was incurred" was changed to "took place" for clarity;
129		-	and in Subsecs. (e) and (f), "a violation of" was changed to "committing
130		-	a violation specified in" for accuracy.
	125	+	Statement of Purpose:
	126	+	To allow the use of automated traffic enforcement safety devices
	127	+	within highway work zones.
	128	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	129	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	130	+	not underlined.]
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132		-	TRA Joint Favorable Subst. -LCO
	132	+	Co-Sponsors: REP. MORIN, 28th Dist.; REP. HADDAD, 54th Dist.
	133	+	REP. WINKLER, 56th Dist.; REP. ELLIOTT, 88th Dist.
	134	+	REP. D'AGOSTINO, 91st Dist.; SEN. MARONEY, 14th Dist.
	135	+	REP. REYES, 75th Dist.
	136	+
	137	+	H.B. 6392
	138	+
133	139