Georgia 2025-2026 Regular Session

Georgia House Bill HB225 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25 LC 39 4808S
2		-	The Senate Committee on Rules offered the following
3		-	substitute to HB 225:
	1	+	25 LC 39 4417
	2	+	House Bill 225
	3	+	By: Representatives Washburn of the 144
	4	+	th
	5	+	, Stephens of the 164
	6	+	th
	7	+	, Lumsden of the 12
	8	+	th
	9	+	,
	10	+	Yearta of the 152
	11	+	nd
	12	+	, McClain of the 109
	13	+	th
	14	+	, and others
4	15		A BILL TO BE ENTITLED
5	16		AN ACT
6		-	To amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated,1
	17	+	To amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated,
	18	+	1
7	19		relating to speed detection devices, so as to repeal all laws relative to enforcement of2
8	20		speeding violations in school zones through the use of automated traffic enforcement safety3
9	21		devices; to provide for conforming changes; to prohibit a local governing body or law4
10	22		enforcement agency from entering into or renewing a contract that provides for enforcement5
11	23		of laws relative to speeding violations in school zones through the use of automated traffic6
12	24		enforcement safety devices; to provide for related matters; to provide for effective dates; to7
13	25		repeal conflicting laws; and for other purposes.8
14	26		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
15	27		SECTION 1.10
16	28		Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to11
17	29		speed detection devices, is amended by repealing Code Section 40-14-1.1, relating to12
18	30		definitions.13
19		-	- 1 - 25 LC 39 4808S
20		-	SECTION 2.14
	31	+	H. B. 225
	32	+	- 1 - 25 LC 39 4417
	33	+	SECTION 2.
	34	+	14
21	35		Said article is further amended by repealing Code Section 40-14-1.2, relating to agent not15
22	36		private investigator or subject to certain laws.16
23	37		SECTION 3.17
24	38		Said article is further amended in Code Section 40-14-2, relating to permit required for use,18
25	39		use not authorized where officers paid on fee system, and operation by registered or certified19
26	40		peace officers, by repealing subsection (c).20
27	41		SECTION 4.21
28	42		Said article is further amended by revising Code Section 40-14-5, relating to testing of radar22
29	43		devices, removal of inaccurate radar devices from service, and maintenance of testing log23
30	44		and independent calibration tests of automated traffic enforcement devices, as follows:24
31	45		"40-14-5.25
32		-	(a) Each state, county, municipal, or campus law enforcement officer using a radar device,26
	46	+	(a) Each state, county, municipal, or campus law enforcement officer using a radar device,
	47	+	26
33	48		except for an automated traffic enforcement safety device as provided for under Code27
34	49		Section 40-14-18, shall test the device for accuracy and record and maintain the results of28
35	50		the test at the beginning and end of each duty tour. Each such test shall be made in29
36	51		accordance with the manufacturer's recommended procedure. Any radar unit not meeting30
37	52		the manufacturer's minimum accuracy requirements shall be removed from service and31
38	53		thereafter shall not be used by the state, county, municipal, or campus law enforcement32
39	54		agency until it has been serviced, calibrated, and recertified by a technician with the33
40	55		qualifications specified in Code Section 40-14-4.34
41	56		(b) Each county, municipal, or campus law enforcement officer using a radar device,35
42	57		except for an automated traffic enforcement safety device as provided for under Code36
43	58		Section 40-14-18, shall notify each person against whom the officer intends to make a case37
44	59		based on the use of the radar device that the such person has a right to request the officer38
45		-	- 2 - 25 LC 39 4808S
46		-	to test the radar device for accuracy. The notice shall be given prior to the time a citation39
	60	+	H. B. 225
	61	+	- 2 - 25 LC 39 4417
	62	+	to test the radar device for accuracy. The notice shall be given prior to the time a citation
	63	+	39
47	64		and complaint or ticket is issued against the person and, if requested to make a test, the40
48	65		officer shall test the radar device for accuracy. In the event the radar device does not meet41
49	66		the minimum accuracy requirements, the citation and complaint or ticket shall not be issued42
50	67		against the person, and the radar device shall be removed from service and thereafter shall43
51	68		not be used by the county, municipal, or campus law enforcement agency until it has been44
52	69		serviced, calibrated, and recertified by a technician with the qualifications specified in45
53	70		Code Section 40-14-4.46
54		-	(c)(1) The law enforcement agency, or agent on behalf of the law enforcement agency,47
	71	+	(c)(1) The law enforcement agency, or agent on behalf of the law enforcement agency,
	72	+	47
55	73		operating an automated traffic enforcement safety device provided for under Code48
56	74		Section 40-14-18 shall maintain a log for the automated traffic enforcement safety device49
57	75		attesting to the performance of such device's self-test at least once every 30 days and the50
58	76		results of such self-test pertaining to the accuracy of the automated traffic enforcement51
59	77		safety device. Such log shall be admissible in any court proceeding for a violation issued52
60	78		pursuant to Code Section 40-14-18.53
61	79		(2) The law enforcement agency, or agent on behalf of the law enforcement agency,54
62	80		operating an automated traffic enforcement safety device shall perform an independent55
63	81		calibration test on the automated traffic enforcement safety device at least once every 1256
64	82		months. The results of such calibration test shall be admissible in any court proceeding57
65	83		for a violation issued pursuant to Code Section 40-14-18."58
66	84		SECTION 5.59
67	85		Said article is further amended in Code Section 40-14-6, relating to warning signs required60
68	86		and signage requirements, by repealing subsection (c).61
69		-	- 3 - 25 LC 39 4808S
70		-	SECTION 6.62
	87	+	H. B. 225
	88	+	- 3 - 25 LC 39 4417
	89	+	SECTION 6.
	90	+	62
71	91		Said article is further amended by revising Code Section 40-14-7, relating to visibility of63
72	92		vehicle from which device is operated, as follows:64
73	93		"40-14-7.65
74		-	Except as provided for in Code Section 40-14-18, no No stationary speed detection device66
	94	+	Except as provided for in Code Section 40-14-18, no
	95	+	No stationary speed detection device66
75	96		shall be employed by county, municipal, college, or university law enforcement officers67
76	97		where the vehicle from which the such device is operated is obstructed from the view of68
77	98		approaching motorists or is otherwise not visible for a distance of at least 500 feet."69
78	99		SECTION 7.70
79	100		Said article is further amended in Code Section 40-14-11, relating to investigations by71
80	101		commissioner of public safety, issuance of order suspending or revoking permit, and ratio72
81	102		of speeding fines to agency's budget, by revising subsection (d) as follows:73
82	103		"(d) There shall be a rebuttable presumption that a law enforcement agency is employing74
83	104		speed detection devices for purposes other than the promotion of the public health, welfare,75
84	105		and safety if the fines levied based on the use of speed detection devices for speeding76
85	106		offenses are equal to or greater than 35 percent of a municipal or county law enforcement77
86	107		agency's budget. For purposes of this Code section, fines collected for citations issued for78
87	108		violations of Code Section 40-6-180 shall be included when calculating total speeding fine79
88	109		revenue for the agency; provided, however, that fines for speeding violations exceeding 2080
89	110		miles per hour over the established speed limit and civil monetary penalties for speeding81
90	111		violations issued pursuant to Code Section 40-14-18 shall not be considered when82
91	112		calculating total speeding fine revenue for the such agency."83
92		-	- 4 - 25 LC 39 4808S
93		-	SECTION 8.84
	113	+	H. B. 225
	114	+	- 4 - 25 LC 39 4417
	115	+	SECTION 8.
	116	+	84
94	117		Said article is further amended by repealing Code Section 40-14-18, relating to enforcement85
95	118		of speed limit in school zones with recorded images, civil monetary penalty, and86
96	119		consequences for failure to pay penalty.87
97	120		SECTION 9.88
98	121		Said article is further amended by adding a new Code section to read as follows:89
99		-	"40-14-19.90
	122	+	"40-14-19.
	123	+	90
100	124		(a) No contract shall be entered into or renewed by a local governing body or law91
101	125		enforcement agency for the enforcement of speeding violations in a school zone through92
102		-	the use of an automated traffic enforcement safety device on or after July 1, 2027.93
103		-	(b) This Code section shall stand repealed on July 1, 2028."94
104		-	SECTION 10.95
105		-	(a) Except as otherwise provided for in subsection (b) of this section, this Act shall become96
106		-	effective upon its approval by the Governor or upon its becoming law without such approval.97
107		-	(b) Sections 1 through 8 of this Act shall become effective on July 1, 2028. 98
108		-	SECTION 11.99
109		-	All laws and parts of laws in conflict with this Act are repealed.100
	126	+	the use of an automated traffic enforcement safety device on or after the effective date of93
	127	+	this Code section.94
	128	+	(b) This Code section shall stand repealed on July 1, 2026."95
	129	+	SECTION 10.96
	130	+	(a) Except as otherwise provided for in subsection (b) of this section, this Act shall become97
	131	+	effective upon its approval by the Governor or upon its becoming law without such approval.98
	132	+	(b) Sections 1 through 8 of this Act shall become effective on July 1, 2026. 99
	133	+	SECTION 11.100
	134	+	All laws and parts of laws in conflict with this Act are repealed.101
	135	+	H. B. 225
110	136		- 5 -