25 LC 39 4692
House Bill 651
By: Representatives Powell of the 33
rd
, Corbett of the 174
th
, Erwin of the 32
nd
, Burchett of
the 176
th
, Williamson of the 112
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated,
1
relating to speed detection devices, so as to revise provisions relative to the use of automated2
traffic enforcement safety devices in school zones; to provide for standards for signs warning3
of the use of automated traffic enforcement safety devices in school zones; to repeal4
exceptions to making a case based upon use of speed detection devices; to provide for time5
frames for issuing citations for the violation of speed limit by ten miles per hour or more in6
a school zone through the use of automated traffic enforcement safety devices; to remove7
authorization to impose processing fees relating to civil monetary penalties; to provide for8
distribution of moneys collected; to require quarterly reporting on use of collected moneys;9
to provide for definitions; to amend Title 15 of the Official Code of Georgia Annotated,10
relating to courts, so as to authorize district attorneys, solicitors-general, and prosecuting11
attorneys to enforce civil monetary penalties relative to the enforcement of laws regarding12
speeding in a school zone using recorded images; to provide for related matters; to repeal13
conflicting laws; and for other purposes.14
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:15
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SECTION 1.
16
Article 2 of Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to17
speed detection devices, is amended in Code Section 40-14-1.1, relating to definitions, by18
revising paragraph (5) as follows:19
"(5) 'School zone' means the area within 1,000 feet of the boundary of
defined in an20
existing master state order or local ordinance as a school zone area for any public or21
private elementary or secondary school."22
SECTION 2.23
Said article is further amended in Code Section 40-14-6, relating to warning signs required24
and signage requirements, by revising subsection (c) as follows:25
"(c) In addition to the signs required under subsections (a) and (b) of this Code section,26
each law enforcement agency using an automated traffic enforcement safety device as27
provided for in Code Section 40-14-18 shall erect signs warning of the use of a stationary28
speed detection an automated traffic safety enforcement device within the approaching29
school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly30
from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed31
in such a manner that the view of such sign is subject to being obstructed by any other32
vehicle on such highway. Automated traffic enforcement safety device warning Such signs33
shall be placed within 500 feet prior to the any warning sign announcing the reduction of34
the speed limit for the school speed zone. Such signs shall include a sign or device which35
provides the operator of a motor vehicle approaching such sign with an accurate depiction36
of the speed of such motor vehicle and lights which flash yellow when the automated37
traffic enforcement safety device is authorized to issue citations pursuant to Code Section38
40-14-18 and in accordance with any rule or regulation established by the Department of39
Transportation. There shall be a rebuttable presumption that such signs are properly40
installed pursuant to this subsection at the time of any alleged violation under this article."41
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SECTION 3.
42
Said article is further amended by revising Code Section 40-14-8, relating to when case may43
be made and conviction had, as follows:44
"40-14-8.45
(a)
No county, city, or campus officer shall be allowed to make a case based on the use of46
any speed detection device, unless the speed of the vehicle exceeds the posted speed limit47
by more than ten miles per hour and no conviction shall be had thereon unless such speed48
is more than ten miles per hour above the posted speed limit.49
(b) The limitations contained in subsection (a) of this Code section shall not apply in50
properly marked school zones one hour before, during, and one hour after the normal hours51
of school operation or programs for care and supervision of students before school, after52
school, or during vacation periods as provided for under Code Section 20-2-65, in properly53
marked historic districts, and in properly marked residential zones. For purposes of this54
chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be55
considered residential districts. For purposes of this Code section, the term 'historic56
district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and57
which is listed on the Georgia Register of Historic Places or as defined by ordinance58
adopted pursuant to a local constitutional amendment."59
SECTION 4.60
Said article is further amended in Code Section 40-14-18, relating to enforcement of speed61
limit in school zones with recorded images, civil monetary penalty, and vehicle registration62
and transfer of title restrictions for failure to pay penalty, by revising paragraph (1) of63
subsections (a) and (b) and subsection (m) as follows:64
"(a)(1) The speed limit within any school zone as provided for in Code Section 40-14-865
and marked pursuant to Code Section 40-14-6 may be enforced by using photographically66
recorded images for violations that are in excess of ten miles per hour over the speed limit67
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and which occurred only on a school day during the time in which instructional classes68
are taking place and one hour before such classes are scheduled to begin and for one hour69
after such classes have concluded when such violations are in excess of ten miles per70
hour over the speed limit and only:71
(A) One hour prior to and one hour after the school's official starting time; and72
(B) One hour prior to and one hour after the school's official dismissal time."73
"(1) The owner of a motor vehicle shall be liable for a civil monetary penalty to the74
governing body of the law enforcement agency provided for in paragraph (2) of this75
subsection if such vehicle is found, as evidenced by photographically recorded images,76
to have been operated in disregard or disobedience of the speed limit within any school77
zone and such disregard or disobedience was not otherwise authorized by law. The78
amount of such civil monetary penalty shall be $75.00 for a first violation and $125.0079
for a second or any subsequent violation, in addition to fees associated with the electronic80
processing of such civil monetary penalty which shall not exceed $25.00; provided,81
however, that for a period of 30 days after the first automated traffic enforcement safety82
device is introduced by a law enforcement agency within a school zone, the driver of a83
motor vehicle shall not be liable for a civil monetary penalty but shall be issued a civil84
warning for disregard or disobedience of the speed limit within the school zone;"85
"(m)(1) As used in this subsection, the term 'school safety purposes' means activities86
incident to the establishment, procurement, or maintenance of safety measures within87
public or private elementary or secondary schools that enhance and ensure the protection88
of students, staff, and visitors to such a school, including, but not limited to, access89
control systems, communication systems, cyber security measures, perimeter security90
systems, surveillance systems, visitor management systems, employment of crossing91
guards, and safety protocol training. Such purposes may further include mental health92
support services in collaboration with law enforcement to address safety concerns93
proactively.94
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(2) The money moneys collected and remitted to the governing body pursuant to95
paragraph (1) of subsection (b) of this Code section shall only be used by such governing96
body to as follows:97
(A) Fifty percent shall be allocated to fund local law enforcement or public safety98
initiatives; and99
(B) Fifty percent shall be allocated equally among all schools within the jurisdiction100
of the governing body for school safety purposes.101
(3) This subsection shall not preclude the appropriation of a greater amount than102
collected and remitted under this subsection.103
(4) At least quarterly, the local governing body shall post upon its public website a report104
on the moneys disbursed pursuant to this subsection, which shall include the amount105
allocated to each school within the jurisdiction of such governing body."106
SECTION 5.107
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code108
Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in109
counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows:110
"(A) In the prosecution of any violation of the laws or ordinances of such county which111
is within the jurisdiction of such probate court and punishable by confinement or a fine112
or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;"113
SECTION 6.114
Said title is further amended in Code Section 15-18-6, relating to duties of district attorney,115
by revising paragraph (6) as follows:116
"(6) To prosecute civil actions to enforce any civil penalty set forth in Code117
Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the118
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prosecution or defense of which the state is interested, unless otherwise specially
119
provided for;"120
SECTION 7.121
Said title is further amended in Code Section 15-18-66, relating to duties and authority of122
solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows:123
"(4) To prosecute civil actions to enforce any civil penalty set forth in Code124
Section 40-6-163 or 40-14-18
and when authorized by law to prosecute or defend any125
civil action in the state court in the prosecution or defense of which the state is interested,126
unless otherwise specially provided for;"127
SECTION 8.128
Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting129
attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows:130
"(A) In the prosecution of any violation of the laws or ordinances of such municipality131
which is within the jurisdiction of such municipal court and punishable by confinement132
or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;133
and"134
SECTION 9.135
All laws and parts of laws in conflict with this Act are repealed.136
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