| 8 | | - | warning of the use of automated traffic enforcement safety devices; to require the use of a3 |
|---|
| 9 | | - | sign or device which depicts an accurate representation of a vehicle's speed upon the4 |
|---|
| 10 | | - | approach of an automated traffic enforcement safety device; to revise exceptions for when5 |
|---|
| 11 | | - | a case may be made with the use of a speed detection device; to provide for times when a6 |
|---|
| 12 | | - | school zone speed limit may be enforced through the use of an automated traffic enforcement7 |
|---|
| 13 | | - | safety device; to provide for definitions; to amend Title 15 of the Official Code of Georgia8 |
|---|
| 14 | | - | Annotated, relating to courts, so as to authorize district attorneys, solicitors-general, and9 |
|---|
| 15 | | - | prosecuting attorneys to enforce civil monetary penalties relative to the enforcement of laws10 |
|---|
| 16 | | - | regarding speeding in a school zone using recorded images; to provide for related matters;11 |
|---|
| 17 | | - | to provide for effective dates and applicability; to repeal conflicting laws; and for other12 |
|---|
| 18 | | - | purposes.13 |
|---|
| 19 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14 |
|---|
| 20 | | - | - 1 - 25 LC 39 4713S |
|---|
| 21 | | - | SECTION 1.15 |
|---|
| 22 | | - | Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of speed16 |
|---|
| 23 | | - | detection devices and red light cameras, is amended in Code Section 40-14-1.1, relating to17 |
|---|
| 24 | | - | definitions, by revising paragraph (5) and adding a new paragraph to read as follows:18 |
|---|
| 25 | | - | "(5) 'School zone' means the area within 1,000 feet of the boundary of defined in an19 |
|---|
| 26 | | - | existing master state order of the Department of Transportation and the Department of20 |
|---|
| 27 | | - | Public Safety or local ordinance as a school zone area for any public or private21 |
|---|
| 28 | | - | elementary or secondary school.22 |
|---|
| 29 | | - | (6) 'School zone speed limit' means the speed limit set for a school zone in the approved23 |
|---|
| 30 | | - | list of roads and master state order of the Department of Transportation and the24 |
|---|
| 31 | | - | Department of Public Safety; provided, however, that such speed limit shall not vary for25 |
|---|
| 32 | | - | a period that exceeds one hour more than twice a day."26 |
|---|
| 33 | | - | SECTION 2.27 |
|---|
| 34 | | - | Said chapter is further amended in Code Section 40-14-6, relating to warning signs required28 |
|---|
| 35 | | - | and signage requirements, by revising subsection (c) as follows:29 |
|---|
| 36 | | - | "(c) In addition to the signs required under subsections (a) and (b) of this Code section,30 |
|---|
| 37 | | - | each law enforcement agency using an automated traffic enforcement safety device as31 |
|---|
| 38 | | - | provided for in Code Section 40-14-18 shall erect signs which display the school zone32 |
|---|
| 39 | | - | speed limit and signs warning of the use of a stationary speed detection an automated33 |
|---|
| 40 | | - | traffic enforcement safety device within the approaching such school zone. Such signs34 |
|---|
| 41 | | - | shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of traffic,35 |
|---|
| 42 | | - | shall be viewable in all traffic conditions, and shall not be placed in such a manner that the36 |
|---|
| 43 | | - | view of such sign is subject to being obstructed by any other vehicle on such highway. 37 |
|---|
| 44 | | - | Such signs shall be placed within 500 feet prior to the warning sign announcing the38 |
|---|
| 45 | | - | reduction of the speed limit for the school speed zone. Such signs which display the school39 |
|---|
| 46 | | - | zone speed limit and warning of the use of an automated traffic enforcement safety device40 |
|---|
| 47 | | - | - 2 - 25 LC 39 4713S |
|---|
| 48 | | - | shall be placed upon every highway which leads to a school zone at a location one-half41 |
|---|
| 49 | | - | mile from the start of the school zone and at any junction which intersects upon a highway42 |
|---|
| 50 | | - | leading to a school between the school and such one-half mile location; provided, however,43 |
|---|
| 51 | | - | that, when such one-half mile location is outside of the jurisdictional boundaries of a law44 |
|---|
| 52 | | - | enforcement agency or such highway has a length of less than one-half mile from the45 |
|---|
| 53 | | - | school zone, such signs shall be placed at the jurisdictional boundary of the law46 |
|---|
| 54 | | - | enforcement agency or at a location as close to such one-half mile location as practicable. 47 |
|---|
| 55 | | - | A sign or device which provides an accurate depiction of the speed of an approaching48 |
|---|
| 56 | | - | motor vehicle shall be placed upon a sign warning of the use of an automated traffic49 |
|---|
| 57 | | - | enforcement safety device or as a stand-alone sign between such warning signs and the50 |
|---|
| 58 | | - | outermost boundary of a school zone. Additional signs which display the school zone51 |
|---|
| 59 | | - | speed limit and which include lights which flash yellow in accordance with rules and52 |
|---|
| 60 | | - | regulations of the Department of Transportation while the school zone speed limit is in53 |
|---|
| 61 | | - | effect and when the automated traffic enforcement safety device is authorized to issue54 |
|---|
| 62 | | - | citations pursuant to Code Section 40-14-18 shall be placed at the outermost boundary of55 |
|---|
| 63 | | - | a school zone. There shall be a rebuttable presumption that such signs are properly56 |
|---|
| 64 | | - | installed pursuant to this subsection at the time of any alleged violation under this article."57 |
|---|
| 65 | | - | SECTION 3.58 |
|---|
| 66 | | - | Said chapter is further amended by revising Code Section 40-14-8, relating to when case may59 |
|---|
| 67 | | - | be made and conviction had, as follows:60 |
|---|
| 68 | | - | "40-14-8.61 |
|---|
| 69 | | - | (a) No county, city, or campus officer shall be allowed to make a case based on the use of62 |
|---|
| 70 | | - | any speed detection device, unless the speed of the vehicle exceeds the posted speed limit63 |
|---|
| 71 | | - | by more than ten miles per hour and no conviction shall be had thereon unless such speed64 |
|---|
| 72 | | - | is more than ten miles per hour above the posted speed limit.65 |
|---|
| 73 | | - | - 3 - 25 LC 39 4713S |
|---|
| 74 | | - | (b) The limitations contained in subsection (a) of this Code section relating to speed in66 |
|---|
| 75 | | - | excess of ten miles per hour above the posted speed limit shall not apply in properly67 |
|---|
| 76 | | - | marked school zones one hour before, during, and one hour after the normal hours of68 |
|---|
| 77 | | - | school operation or programs for care and supervision of students before school, after69 |
|---|
| 78 | | - | school, or during vacation periods as provided for under Code Section 20-2-65, in properly:70 |
|---|
| 79 | | - | (1) School zones properly marked with signs which display the school zone speed limit,71 |
|---|
| 80 | | - | when the school zone speed limit is in effect, and when a speed detection device used was72 |
|---|
| 81 | | - | one other than an automated traffic enforcement safety device and was operated by an73 |
|---|
| 82 | | - | on-site law enforcement officer;74 |
|---|
| 83 | | - | (2) Properly marked historic districts, and in properly; and75 |
|---|
| 84 | | - | (3) Properly marked residential zones.76 |
|---|
| 85 | | - | (c) For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or77 |
|---|
| 86 | | - | more shall not be considered residential districts zones. As used in For purposes of this78 |
|---|
| 87 | | - | Code section, the term 'historic district' means a historic district as defined in paragraph (5)79 |
|---|
| 88 | | - | of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places80 |
|---|
| 89 | | - | or as defined by ordinance adopted pursuant to a local constitutional amendment."81 |
|---|
| 90 | | - | SECTION 4.82 |
|---|
| 91 | | - | Said chapter is further amended in Code Section 40-14-18, relating to enforcement of speed83 |
|---|
| 92 | | - | limit in school zones with recorded images, civil monetary penalty, and consequences for84 |
|---|
| 93 | | - | failure to pay penalty, by revising paragraph (1) of subsection (a) as follows:85 |
|---|
| 94 | | - | "(a)(1) The speed limit within any school zone as provided for in Code Section 40-14-886 |
|---|
| 95 | | - | and marked pursuant to Code Section 40-14-6 may be enforced by using photographically87 |
|---|
| 96 | | - | recorded images for violations which are in excess of ten miles per hour above the posted88 |
|---|
| 97 | | - | school zone speed limit at the time of the offense and which occur when the school zone89 |
|---|
| 98 | | - | speed limit is in effect occurred only on a school day during the time in which90 |
|---|
| 99 | | - | instructional classes are taking place and one hour before such classes are scheduled to91 |
|---|
| 100 | | - | - 4 - 25 LC 39 4713S |
|---|
| 101 | | - | begin and for one hour after such classes have concluded when such violations are in92 |
|---|
| 102 | | - | excess of ten miles per hour over the speed limit."93 |
|---|
| 103 | | - | SECTION 5.94 |
|---|
| 104 | | - | Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code95 |
|---|
| 105 | | - | Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in96 |
|---|
| 106 | | - | counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows:97 |
|---|
| 107 | | - | "(A) In the prosecution of any violation of the laws or ordinances of such county which98 |
|---|
| 108 | | - | is within the jurisdiction of such probate court and punishable by confinement or a fine99 |
|---|
| 109 | | - | or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;"100 |
|---|
| 110 | | - | SECTION 6.101 |
|---|
| 111 | | - | Said title is further amended in Code Section 15-18-6, relating to duties of district attorney,102 |
|---|
| 112 | | - | by revising paragraph (6) as follows:103 |
|---|
| 113 | | - | "(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section104 |
|---|
| 114 | | - | 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the prosecution105 |
|---|
| 115 | | - | or defense of which the state is interested, unless otherwise specially provided for;"106 |
|---|
| 116 | | - | SECTION 7.107 |
|---|
| 117 | | - | Said title is further amended in Code Section 15-18-66, relating to duties and authority of108 |
|---|
| 118 | | - | solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows:109 |
|---|
| 119 | | - | "(4) To prosecute civil actions to enforce any civil penalty set forth in Code Section110 |
|---|
| 120 | | - | 40-6-163 or 40-14-18 and when authorized by law to prosecute or defend any civil action111 |
|---|
| 121 | | - | in the state court in the prosecution or defense of which the state is interested, unless112 |
|---|
| 122 | | - | otherwise specially provided for;"113 |
|---|
| 123 | | - | - 5 - 25 LC 39 4713S |
|---|
| 124 | | - | SECTION 8.114 |
|---|
| 125 | | - | Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting115 |
|---|
| 126 | | - | attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows:116 |
|---|
| 127 | | - | "(A) In the prosecution of any violation of the laws or ordinances of such municipality117 |
|---|
| 128 | | - | which is within the jurisdiction of such municipal court and punishable by confinement118 |
|---|
| 129 | | - | or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;119 |
|---|
| 130 | | - | and"120 |
|---|
| 131 | | - | SECTION 9.121 |
|---|
| 132 | | - | (a) This Act shall become effective on July 1, 2025, and except as otherwise provided for122 |
|---|
| 133 | | - | in subsection (b) of this section, Section 2 of this Act shall apply to any permit obtained for123 |
|---|
| 134 | | - | the operation of an automated traffic enforcement safety device on and after such date.124 |
|---|
| 135 | | - | (b) For any permit issued for the operation of an automated traffic enforcement safety device125 |
|---|
| 136 | | - | prior to July 1, 2025, Section 2 of this Act shall apply on and after January 1, 2026.126 |
|---|
| 137 | | - | SECTION 10.127 |
|---|
| 138 | | - | All laws and parts of laws in conflict with this Act are repealed.128 |
|---|
| 139 | | - | - 6 - |
|---|
| 10 | + | warning of a reduced speed limit in a school zone and signs warning of the use of automated3 |
|---|
| 11 | + | traffic enforcement safety devices; to revise exceptions for when a case may be made with4 |
|---|
| 12 | + | the use of a speed detection device; to provide for times when a school zone speed limit may5 |
|---|
| 13 | + | be enforced through the use of an automated traffic enforcement safety device; to amend6 |
|---|
| 14 | + | Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize7 |
|---|
| 15 | + | district attorneys, solicitors-general, and prosecuting attorneys to enforce civil monetary8 |
|---|
| 16 | + | penalties relative to the enforcement of laws regarding speeding in a school zone using9 |
|---|
| 17 | + | recorded images; to provide for related matters; to repeal conflicting laws; and for other10 |
|---|
| 18 | + | purposes.11 |
|---|
| 19 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 |
|---|
| 20 | + | SECTION 1.13 |
|---|
| 21 | + | Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of speed14 |
|---|
| 22 | + | detection devices and red light cameras, is amended in Code Section 40-14-6, relating to15 |
|---|
| 23 | + | warning signs required and signage requirements, by revising subsection (c) as follows:16 |
|---|
| 24 | + | S. B. 75 |
|---|
| 25 | + | - 1 - 25 LC 39 4505 |
|---|
| 26 | + | "(c) In addition to the signs required under subsections (a) and (b) of this Code section, |
|---|
| 27 | + | 17 |
|---|
| 28 | + | each law enforcement agency using an automated traffic enforcement safety device as18 |
|---|
| 29 | + | provided for in Code Section 40-14-18 shall erect signs with the reduced speed limit for |
|---|
| 30 | + | 19 |
|---|
| 31 | + | the approaching school zone and signs warning of the use of a stationary speed detection20 |
|---|
| 32 | + | an automated traffic enforcement safety device within the approaching school zone. Such21 |
|---|
| 33 | + | signs shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of22 |
|---|
| 34 | + | traffic, shall be viewable in all traffic conditions, and shall not be placed in such a manner23 |
|---|
| 35 | + | that the view of such sign is subject to being obstructed by any other vehicle on such24 |
|---|
| 36 | + | highway. Such signs shall be placed within 500 feet prior to the warning sign announcing25 |
|---|
| 37 | + | the reduction of the speed limit for the school speed zone. Signs with the reduced speed26 |
|---|
| 38 | + | limit for a school zone shall be placed one-half mile from the start of a reduced speed limit27 |
|---|
| 39 | + | for a school zone, and signs warning of the use of an automated traffic enforcement safety28 |
|---|
| 40 | + | device shall be placed one-quarter mile from the automated traffic enforcement safety29 |
|---|
| 41 | + | device. Both signs with the reduced speed limit for a school zone and signs warning of the30 |
|---|
| 42 | + | use of an automated traffic enforcement safety device shall include lights which flash31 |
|---|
| 43 | + | yellow while the reduction of the speed limit for the school zone is in effect and when the32 |
|---|
| 44 | + | automated traffic enforcement safety device is authorized to issue citations pursuant to33 |
|---|
| 45 | + | Code Section 40-14-18. There shall be a rebuttable presumption that such signs are34 |
|---|
| 46 | + | properly installed pursuant to this subsection at the time of any alleged violation under this35 |
|---|
| 47 | + | article."36 |
|---|
| 48 | + | SECTION 2.37 |
|---|
| 49 | + | Said chapter is further amended by revising Code Section 40-14-8, relating to when case may38 |
|---|
| 50 | + | be made and conviction had, as follows:39 |
|---|
| 51 | + | "40-14-8.40 |
|---|
| 52 | + | (a) No county, city, or campus officer shall be allowed to make a case based on the use of41 |
|---|
| 53 | + | any speed detection device, unless the speed of the vehicle exceeds the posted speed limit42 |
|---|
| 54 | + | S. B. 75 |
|---|
| 55 | + | - 2 - 25 LC 39 4505 |
|---|
| 56 | + | by more than ten miles per hour and no conviction shall be had thereon unless such speed |
|---|
| 57 | + | 43 |
|---|
| 58 | + | is more than ten miles per hour above the posted speed limit.44 |
|---|
| 59 | + | (b) The limitations contained in subsection (a) of this Code section relating to speed in |
|---|
| 60 | + | 45 |
|---|
| 61 | + | excess of ten miles per hour above the posted speed limit shall not apply in properly46 |
|---|
| 62 | + | marked school zones one hour before, during, and one hour after the normal hours of47 |
|---|
| 63 | + | school operation or programs for care and supervision of students before school, after48 |
|---|
| 64 | + | school, or during vacation periods as provided for under Code Section 20-2-65, in properly:49 |
|---|
| 65 | + | (1) School zones properly marked with warning signs while the reduction of the speed50 |
|---|
| 66 | + | limit for the school zone is in effect and when the speed detection device is one other than51 |
|---|
| 67 | + | an automated traffic enforcement safety device and is operated by an on-site law52 |
|---|
| 68 | + | enforcement officer;53 |
|---|
| 69 | + | (2) Properly marked historic districts, and in properly; and54 |
|---|
| 70 | + | (3) Properly marked residential zones.55 |
|---|
| 71 | + | (c) For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or56 |
|---|
| 72 | + | more shall not be considered residential districts zones. As used in For purposes of this57 |
|---|
| 73 | + | Code section, the term 'historic district' means a historic district as defined in paragraph (5)58 |
|---|
| 74 | + | of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places59 |
|---|
| 75 | + | or as defined by ordinance adopted pursuant to a local constitutional amendment."60 |
|---|
| 76 | + | SECTION 3.61 |
|---|
| 77 | + | Said chapter is further amended in Code Section 40-14-18, relating to enforcement of speed62 |
|---|
| 78 | + | limit in school zones with recorded images, civil monetary penalty, and consequences for63 |
|---|
| 79 | + | failure to pay penalty, by revising paragraph (1) of subsection (a) as follows:64 |
|---|
| 80 | + | "(a)(1) The speed limit within any school zone as provided for in Code Section 40-14-865 |
|---|
| 81 | + | and marked pursuant to Code Section 40-14-6 may be enforced by using photographically66 |
|---|
| 82 | + | recorded images for violations which occurred only on a school day during the time in67 |
|---|
| 83 | + | which instructional classes are taking place and one hour before such classes are scheduled68 |
|---|
| 84 | + | S. B. 75 |
|---|
| 85 | + | - 3 - 25 LC 39 4505 |
|---|
| 86 | + | to begin and for one hour after such classes have concluded when such violations are in69 |
|---|
| 87 | + | excess of ten miles per hour over the speed limit on a weekday on which a school has70 |
|---|
| 88 | + | instructional classes taking place; provided, however, that such enforcement shall only71 |
|---|
| 89 | + | occur during the period of time 90 minutes prior to the start of the school day through 3072 |
|---|
| 90 | + | minutes after the start of the school day and 30 minutes prior to the conclusion of the last73 |
|---|
| 91 | + | regularly scheduled class of the school day through 90 minutes after the conclusion of the74 |
|---|
| 92 | + | last regularly scheduled class of the school day."75 |
|---|
| 93 | + | SECTION 4.76 |
|---|
| 94 | + | Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code77 |
|---|
| 95 | + | Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in78 |
|---|
| 96 | + | counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows:79 |
|---|
| 97 | + | "(A) In the prosecution of any violation of the laws or ordinances of such county which80 |
|---|
| 98 | + | is within the jurisdiction of such probate court and punishable by confinement or a fine81 |
|---|
| 99 | + | or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;"82 |
|---|
| 100 | + | SECTION 5.83 |
|---|
| 101 | + | Said title is further amended in Code Section 15-18-6, relating to duties of district attorney,84 |
|---|
| 102 | + | by revising paragraph (6) as follows:85 |
|---|
| 103 | + | "(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section86 |
|---|
| 104 | + | 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the prosecution87 |
|---|
| 105 | + | or defense of which the state is interested, unless otherwise specially provided for;"88 |
|---|
| 106 | + | SECTION 6.89 |
|---|
| 107 | + | Said title is further amended in Code Section 15-18-66, relating to duties and authority of90 |
|---|
| 108 | + | solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows:91 |
|---|
| 109 | + | S. B. 75 |
|---|
| 110 | + | - 4 - 25 LC 39 4505 |
|---|
| 111 | + | "(4) To prosecute civil actions to enforce any civil penalty set forth in Code Section |
|---|
| 112 | + | 92 |
|---|
| 113 | + | 40-6-163 or 40-14-18 |
|---|
| 114 | + | and when authorized by law to prosecute or defend any civil action93 |
|---|
| 115 | + | in the state court in the prosecution or defense of which the state is interested, unless94 |
|---|
| 116 | + | otherwise specially provided for;"95 |
|---|
| 117 | + | SECTION 7.96 |
|---|
| 118 | + | Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting97 |
|---|
| 119 | + | attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows:98 |
|---|
| 120 | + | "(A) In the prosecution of any violation of the laws or ordinances of such municipality99 |
|---|
| 121 | + | which is within the jurisdiction of such municipal court and punishable by confinement100 |
|---|
| 122 | + | or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;101 |
|---|
| 123 | + | and"102 |
|---|
| 124 | + | SECTION 8.103 |
|---|
| 125 | + | All laws and parts of laws in conflict with this Act are repealed.104 |
|---|
| 126 | + | S. B. 75 |
|---|
| 127 | + | - 5 - |
|---|