Louisiana 2024 2024 Regular Session

Louisiana Senate Bill SB302 Introduced / Bill

                    SLS 24RS-298	ORIGINAL
2024 Regular Session
SENATE BILL NO. 302
BY SENATOR CATHEY 
TRAFFIC. Prohibits issuing traffic violation citations in certain circumstances. (gov sig)
1	AN ACT
2 To amend and reenact R.S. 32:43(B) and 365(B) and to enact R.S. 32:45(D), relative to
3 issuing traffic violation citations in certain circumstances; to prohibit certain
4 agencies from using automated speed enforcement devices or other similar devices
5 to issue citations by mail; and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:43(B) and 365(B) are hereby amended and reenacted and R.S.
8 32:45(D) is hereby enacted to read as follows:
9 §43. Automated speed enforcement devices; prohibition
10	*          *          *
11	B.(1) For the purposes of this Section, the term "automated speed
12 enforcement device" means an unmanned or handheld camera or optical device
13 installed to work in conjunction with a traffic control signal or radar speed detection
14 equipment, or both, and designed to collect photographic evidence of alleged traffic
15 violations for the issuance of traffic citations by recording images that depict the
16 license plate or other identifying feature of a motor vehicle not in compliance with
17 instruction of a traffic control signal or posted traffic sign.
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 302
SLS 24RS-298	ORIGINAL
1	(2) Law enforcement officers, agents, contractors, or subcontractors of
2 an agency, office, local municipality, local authority or any political subdivision
3 of this state with the authority to enforce traffic regulations by use of handheld
4 automated speed enforcement devices shall be strictly prohibited from issuing
5 a traffic violation as a result of data generated by an automated speed
6 enforcement device unless a citation is issued immediately subsequent to the
7 violation and the offender has been lawfully stopped for the violation. Issuing
8 a traffic violation citation by mail or at a time other than immediately
9 subsequent to the violation and lawful stop shall be strictly prohibited.
10	*          *          *
11 §45. Required notification for mobile speed camera
12	*          *          *
13	D. Law enforcement officers, agents, contractors, or subcontractors of
14 an agency, office, local municipality, local authority or any political subdivision
15 of this state with the authority to enforce traffic regulations by use of mobile
16 speed cameras shall be strictly prohibited from issuing a traffic violation as a
17 result of data generated by a mobile speed camera unless a citation is issued
18 immediately subsequent to the violation and the offender has been lawfully
19 stopped for the violation. Issuing a traffic violation citation by mail or at a time
20 other than immediately subsequent to the violation and lawful stop shall be
21 strictly prohibited.
22	*          *          *
23 §365. Television
24	*          *          *
25	B.(1) Law enforcement officers of the state or any political subdivision
26 thereof shall be authorized to operate video recording equipment and monitors in
27 their law enforcement vehicles while in the performance of their duties. However,
28 this provision shall not be construed to allow law enforcement officers to record
29 vehicles in violation of traffic safety laws with citations for such violations to be
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 302
SLS 24RS-298	ORIGINAL
1 mailed to the alleged violator at a later date.
2	(2) Law enforcement officers, agents, contractors, or subcontractors of
3 an agency, office, local municipality, local authority or any political subdivision
4 of this state with the authority to enforce traffic regulations shall be strictly
5 prohibited from using video recording equipment and monitors while in the
6 performance of their duties for the purpose of monitoring, recording, and
7 issuing a traffic violation unless a citation is issued immediately subsequent to
8 the violation and the offender has been lawfully stopped for the violation.
9 Issuing a traffic violation citation by mail or at a time other than immediately
10 subsequent to the violation and lawful stop shall be strictly prohibited.
11 Section 2. This Act shall become effective upon signature by the governor or, if not
12 signed by the governor, upon expiration of the time for bills to become law without signature
13 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
14 vetoed by the governor and subsequently approved by the legislature, this Act shall become
15 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Archana D. Cadge.
DIGEST
SB 302 Original 2024 Regular Session	Cathey
Present law allows local municipal authorities or local parish authorities to install and utilize
automated speed enforcement devices to regulate or enforce traffic on any certain roadways.
Proposed law strictly prohibits the issuance of a traffic violation citation if the citation is not
issued immediately after being generated by an automated speed enforcement device, mobile
speed camera, or video recording equipment and monitor.
Present law allows local municipal authorities or local parish authorities to use mobile speed
cameras and red light cameras with required signage to warn motorists that the devices are
present.
Proposed law prohibits issuing traffic violations by mail if a law enforcement officer has not
lawfully stopped the offender.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 32:43(B) and 365(B); adds R.S. 32:45(D))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.