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. Page 1 of 3 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 Page 2 of 3 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)) Page 3 of 3 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.