SB 864 Prohibits political subdivisions from using automated traffic enforcement systems to enforce traffic violations unless violations are prosecuted criminally and points are imposed
Sponsor: Lembke
LR Number: 4797S.01I Fiscal Note: 4797-01N.ORG
Committee: Transportation
Last Action: 3/17/2010 - Hearing Cancelled S Transportation Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2010

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Current Bill Summary


SB 864 - Under this act, no political subdivision shall use an automated traffic enforcement system unless the law, ordinance, or regulation treats the traffic violation detected by such a system in the same manner as if the violation had not been detected by an automated traffic enforcement system.

No law authorizing the use of an automated traffic enforcement system shall be valid unless the law penalizes the motor vehicle traffic violation detected through such a system in the same manner as provided by state law.

No law authorizing the use of an automated traffic enforcement system shall be valid if such law provides for the prosecution of a violation detected by such a system as a civil infraction. The violation of a traffic law, ordinance, or regulation detected by an automated traffic enforcement system is criminal in nature, and as such, any person responsible for prosecuting such a violation shall have the burden of proving that the alleged violator was the driver of the motor vehicle at the time of the citation in addition to any other elements of the underlying traffic violation.

Under this act, no political subdivision shall use an automated traffic enforcement system unless the law, ordinance, or regulation includes a penalty that provides for the assessment of points to the violator's driver's license. Every political subdivision using such a system shall ensure that all convictions are reported to the department of revenue in accordance with state law.

Under this act, all motor vehicle traffic violations detected through the use of an automated traffic enforcement system shall constitute a moving violation under state law and shall be subject to the assessment of points, notwithstanding any provision of a municipal or county ordinance to the contrary.

STEPHEN WITTE