SB 75: Speed Detection Devices and Red Light Cameras; standards for signs warning of a reduced speed limit in a school zone and signs warning of the use of automated traffic enforcement safety devices; provide

The Senate Committee on Public Safety offered the following

substitute to SB 75:

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of speed detection devices and red light cameras, so as to provide for standards for signs warning of the use of automated traffic enforcement safety devices; to require the use of a sign or device which depicts an accurate representation of a vehicle's speed upon the approach of an automated traffic enforcement safety device; to revise exceptions for when a case may be made with the use of a speed detection device; to provide for times when a school zone speed limit may be enforced through the use of an automated traffic enforcement safety device; to provide for definitions; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to authorize district attorneys, solicitors-general, and prosecuting attorneys to enforce civil monetary penalties relative to the enforcement of laws regarding speeding in a school zone using recorded images; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to use of speed detection devices and red light cameras, is amended in Code Section 40-14-1.1, relating to definitions, by revising paragraph (5) and adding a new paragraph to read as follows: "(5) 'School zone' means the area within 1,000 feet of the boundary of defined in an existing master state order of the Department of Transportation and the Department of Public Safety or local ordinance as a school zone area for any public or private elementary or secondary school.

(6) 'School zone speed limit' means the speed limit set for a school zone in the approved list of roads and master state order of the Department of Transportation and the Department of Public Safety; provided, however, that such speed limit shall not vary for a period that exceeds one hour more than twice a day."

SECTION 2.

Said chapter is further amended in Code Section 40-14-6, relating to warning signs required and signage requirements, by revising subsection (c) as follows: "(c) In addition to the signs required under subsections (a) and (b) of this Code section, each law enforcement agency using an automated traffic enforcement safety device as provided for in Code Section 40-14-18 shall erect signs which display the school zone speed limit and signs warning of the use of a stationary speed detection an automated traffic enforcement safety device within the approaching such school zone. Such signs shall be at least 24 by 30 inches in area, shall be visible plainly from every lane of traffic, shall be viewable in all traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such highway. Such signs shall be placed within 500 feet prior to the warning sign announcing the reduction of the speed limit for the school speed zone. Such signs which display the school zone speed limit and warning of the use of an automated traffic enforcement safety device shall be placed upon every highway which leads to a school zone at a location one-half mile from the start of the school zone and at any junction which intersects upon a highway leading to a school between the school and such one-half mile location; provided, however, that, when such one-half mile location is outside of the jurisdictional boundaries of a law enforcement agency or such highway has a length of less than one-half mile from the school zone, such signs shall be placed at the jurisdictional boundary of the law enforcement agency or at a location as close to such one-half mile location as practicable. A sign or device which provides an accurate depiction of the speed of an approaching motor vehicle shall be placed upon a sign warning of the use of an automated traffic enforcement safety device or as a stand-alone sign between such warning signs and the outermost boundary of a school zone. Additional signs which display the school zone speed limit and which include lights which flash yellow in accordance with rules and regulations of the Department of Transportation while the school zone speed limit is in effect and when the automated traffic enforcement safety device is authorized to issue citations pursuant to Code Section 40-14-18 shall be placed at the outermost boundary of a school zone. There shall be a rebuttable presumption that such signs are properly installed pursuant to this subsection at the time of any alleged violation under this article."

SECTION 3.

Said chapter is further amended by revising Code Section 40-14-8, relating to when case may be made and conviction had, as follows:

"40-14-8.

(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit.

(b) The limitations contained in subsection (a) of this Code section relating to speed in excess of ten miles per hour above the posted speed limit shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation or programs for care and supervision of students before school, after school, or during vacation periods as provided for under Code Section 20-2-65, in properly:

(1) School zones properly marked with signs which display the school zone speed limit, when the school zone speed limit is in effect, and when a speed detection device used was one other than an automated traffic enforcement safety device and was operated by an on-site law enforcement officer;

(2) Properly marked historic districts, and in properly; and

(3) Properly marked residential zones.

(c) For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be considered residential districts zones. As used in For purposes of this Code section, the term 'historic district' means a historic district as defined in paragraph (5) of Code Section 44-10-22 and which is listed on the Georgia Register of Historic Places or as defined by ordinance adopted pursuant to a local constitutional amendment."

SECTION 4.

Said chapter is further amended in Code Section 40-14-18, relating to enforcement of speed limit in school zones with recorded images, civil monetary penalty, and consequences for failure to pay penalty, by revising paragraph (1) of subsection (a) as follows: "(a)(1) The speed limit within any school zone as provided for in Code Section 40-14-8 and marked pursuant to Code Section 40-14-6 may be enforced by using photographically recorded images for violations which are in excess of ten miles per hour above the posted school zone speed limit at the time of the offense and which occur when the school zone speed limit is in effect occurred only on a school day during the time in which instructional classes are taking place and one hour before such classes are scheduled to begin and for one hour after such classes have concluded when such violations are in excess of ten miles per hour over the speed limit."

SECTION 5.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows: "(A) In the prosecution of any violation of the laws or ordinances of such county which is within the jurisdiction of such probate court and punishable by confinement or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18;"

SECTION 6.

Said title is further amended in Code Section 15-18-6, relating to duties of district attorney, by revising paragraph (6) as follows:

"(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the prosecution or defense of which the state is interested, unless otherwise specially provided for;"

SECTION 7.

Said title is further amended in Code Section 15-18-66, relating to duties and authority of solicitors-general of state courts, by revising paragraph (4) of subsection (b) as follows: "(4) To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 or 40-14-18 and when authorized by law to prosecute or defend any civil action in the state court in the prosecution or defense of which the state is interested, unless otherwise specially provided for;"

SECTION 8.

Said title is further amended in Code Section 15-18-96, relating to authority of prosecuting attorney of municipal courts, by revising subparagraph (a)(1)(A) as follows: "(A) In the prosecution of any violation of the laws or ordinances of such municipality which is within the jurisdiction of such municipal court and punishable by confinement or a fine or both or by a civil penalty authorized by Code Section 40-6-163 or 40-14-18; and"

SECTION 9.

(a) This Act shall become effective on July 1, 2025, and except as otherwise provided for in subsection (b) of this section, Section 2 of this Act shall apply to any permit obtained for the operation of an automated traffic enforcement safety device on and after such date.

(b) For any permit issued for the operation of an automated traffic enforcement safety device prior to July 1, 2025, Section 2 of this Act shall apply on and after January 1, 2026.

SECTION 10.

All laws and parts of laws in conflict with this Act are repealed.