2021 -- H 5981

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LC000678

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED TRAFFIC SPEED

ENFORCEMENT SYSTEM

     

     Introduced By: Representatives Cortvriend, Craven, McGaw, Fogarty, and Carson

     Date Introduced: February 26, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. The title of Chapter 31-41.3 of the General Laws entitled "Automated School-

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Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as follows:

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CHAPTER 31-41.3

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Automated School-Zone-Speed-Enforcement System Act of 2016

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CHAPTER 31-41.3

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AUTOMATED SPEED-ENFORCEMENT SYSTEM ACT OF 2021

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     SECTION 2. Sections 31-41.3-1, 31-41.3-2, 31-41.3-3, 31-41.3-4, 31-41.3-6, 31-41.3-7,

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31-41.3-8, 31-41.3-9, 31-41.3-10, 31-41.3-11, 31-41.3-13, 31-41.3-14 and 31-41.3-15 of the

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General Laws in Chapter 31-41.3 entitled "Automated School-Zone-Speed-Enforcement System

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Act of 2016" are hereby amended to read as follows:

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     31-41.3-1. Short title.

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     This act shall be known and may be cited as the "Rhode Island Automated School-Zone-

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Speed-Enforcement System Act of 2016 2021."

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     31-41.3-2. Legislative findings.

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     It is hereby found and declared that ever-increasing violations of the state's school-zone

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speed laws and regulations place both motorists and students other persons using the state's streets

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and roadways within school zones in danger. The legislature hereby declares that the use of

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technology to reduce aggressive and dangerous speeding is in the best interest of public safety and

 

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therefore adopts a policy of authorizing the use of automated traffic-speed-enforcement systems in

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school zones on state and local roads within the state of Rhode Island. These systems shall be used

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in conjunction with civil penalties imposed upon the owners of speeding vehicles in order to reduce

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speeding violations.

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     Nothing in this chapter shall supersede any criminal or civil penalty or sanction against the

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driver of a vehicle who is cited by a law enforcement officer for a speeding violation in a school

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zone.

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     31-41.3-3. Automated school-zone-speed-enforcement system authorized and defined.

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Automated speed-enforcement system authorized and defined.

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     (a) The state department of transportation and the municipalities of this state are hereby

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authorized to operate "automated school-zone-speed-enforcement systems on all state and local

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roads within the state of Rhode Island."

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     (b) For the purposes of this chapter:

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     (1) An "automated school-zone-speed-enforcement system" is an automated traffic-speed-

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enforcement system operated within one-quarter (1/4) mile of any type of school on all state and

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local roads in the state of Rhode Island;

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     (2) An "automated traffic-speed-enforcement system" is defined as a system using one or

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more vehicle detectors in combination with photography to identify and provide a photographic

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image of vehicles which are exceeding the posted speed limit, or the speed limit designated by state

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law or regulation, for a given school zone location on a state or local road, and may be in fixed or

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mobile configurations; and

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     (3) A "school zone" is defined as anywhere within a one-quarter (1/4) mile radius of any

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type of school in the state of Rhode Island.

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     31-41.3-4. Automated school-zone-speed-enforcement system operational

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requirements and certification. Automated speed-enforcement system operational

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requirements and certification.

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     No automated school-zone-speed-enforcement system shall be used in the state of Rhode

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Island unless the system has been approved and certified for use in the state by the director of the

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department of transportation. The director of the department of transportation, in cooperation with

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the state police, shall require that any automated school-zone-speed-enforcement system approved

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and certified for use in the state of Rhode Island meets the following requirements:

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     (1) All automated school-zone-speed-enforcement systems operated under this chapter

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shall record the speed of vehicles within plus or minus one mile per hour of the actual speed.

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     (2) All automated school-zone-speed-enforcement systems operated under this chapter

 

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shall record at least two (2) photographic images of the vehicle exceeding the speed limit, one of

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which shall include the license plate attached to the rear of the vehicle.

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     (3) All automated school-zone-speed-enforcement systems operated under this chapter

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shall, at the time of violation, imprint upon the photographic images of vehicles exceeding the

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speed limit:

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     (i) The date and time of the violation; and

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     (ii) The identity of the street, or school zone road being monitored, and location upon that

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street, or within that school zone road, including the direction of travel and lane of travel; this

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requirement may be met with code designations; and

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     (iii) The posted or lawfully designated speed limit for the street or school zone road being

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monitored; and

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     (iv) The monitored speed of the vehicle identified in the photographic images as exceeding

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the posted or lawfully designated school zone speed limit; and

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     (v) The consecutive event number of each photograph taken.

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     (4) Signs indicating that speed limits are enforced by automated speed enforcement

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systems shall be clearly posted in areas where the systems are in use, at least one hundred feet

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(100’) and not more than two hundred feet (200’) before the location of each system, At least one

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hundred feet (100') prior to entering an automated school-zone area where a speed-enforcement

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system is being operated, and on each approach to that area, four (4) signs, each measuring three

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feet (3') in height by four feet (4') in width, shall be erected in locations where the view is

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unobstructed, warning motorists that they will be entering an area monitored by an automated

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speed-zone-enforcement system and that violators of speed limitations may be prosecuted. The An

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automated school-zone-speed-enforcement system located in a school zone shall be operational

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only from seven o'clock a.m. (7:00 a.m.) to six o'clock p.m. (6:00 p.m.) on school days of the

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promulgated one-hundred-eighty-day (180) school calendar year adopted in the applicable

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community.

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     (5) It shall be the vendor's responsibility to furnish an annual report with all pertinent data

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to the speaker of the house and the senate president.

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     31-41.3-6. Maintenance of system.

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     The state department of transportation, and/or the municipalities, may enter into an

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agreement with a private corporation or other entity to provide automated school-zone-speed-

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enforcement systems equipment services and to maintain the systems. A contract between a

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government agency and a manufacturer or supplier of automated traffic-speed-enforcement

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systems shall be based on the value of such equipment and related support services and shall not

 

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be based on a percentage of the revenue generated by the automated school-zone-speed-

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enforcement system.

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     31-41.3-7. Citation precedent.

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     In the event a law enforcement officer stops and issues a citation to the driver of a vehicle

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for a speeding violation, which violation is also captured by an automated school-zone-speed-

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enforcement system, the citation issued to the driver by the law enforcement officer shall have and

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take precedence, and the automated school-zone-speed-enforcement system citation shall be

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dismissed.

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     31-41.3-8. Procedure -- Notice.

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     (a) Except as expressly provided in this chapter, all prosecutions based on evidence

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produced by an automated school-zone-speed-enforcement system shall follow the procedures

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established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated by the chief

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magistrate of the traffic tribunal for the hearing of civil traffic violations. Citations may be issued

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by an officer solely based on evidence obtained by use of an automated school-zone-speed-

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enforcement system. All citations issued based on evidence obtained from an automated school-

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zone-speed-enforcement system shall be issued within fourteen (14) days of the violation.

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     (b) It shall be sufficient to commence a prosecution based on evidence obtained from an

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automated school-zone-speed-enforcement system, provided that a copy of the citation and

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supporting documentation be mailed to the address of the registered owner kept on file by the

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registry of motor vehicles pursuant to § 31-3-34. For purposes of this section, the date of issuance

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shall be the date of mailing.

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     (c) The officer issuing the citation shall certify under penalties of perjury that the evidence

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obtained from the automated school-zone-speed-enforcement system was sufficient to demonstrate

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a violation of the motor vehicle code. Such certification shall be sufficient in all prosecutions

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pursuant to this chapter to justify the entry of a default judgment upon sufficient proof of actual

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notice in all cases where the citation is not answered within the time period permitted.

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     (d) The citation shall contain all the information provided for in the uniform summons as

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referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the

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traffic tribunal.

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     (e) In addition to the information in the uniform summons, the following information shall

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be attached to the citation:

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     (1) Copies of two (2) or more photographs, or microphotographs, or other recorded images

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taken as proof of the violation; and

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     (2) A signed statement by a trained law enforcement officer that, based on inspection of

 

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recorded images, the motor vehicle was being operated in violation of chapter 14 of title 31 relating

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to speed restrictions; and

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     (3) A statement that recorded images are evidence of a violation of this chapter; and

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     (4) A statement that the person who receives a summons under this chapter may either pay

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the civil penalty in accordance with the provisions of § 31-41.1-3, or elect to stand trial for the

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alleged violation.

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     31-41.3-9. Hearings.

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     Evidence from an automated school-zone-speed-enforcement system shall be considered

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substantive evidence in the prosecution of all civil traffic violations. Evidence from an automated

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school-zone-speed-enforcement system approved by the director of the department of

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transportation shall be admitted without further authentication and such evidence may be deemed

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sufficient to sustain a civil traffic violation. In addition to any other defenses as set forth herein,

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any defenses cognizable at law, with the exception of that available under § 31-41.1-7, shall be

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available to the individual who receives the citation commencing a prosecution under this chapter.

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     31-41.3-10. Driver/registered owner liability.

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     (a) The registered owner of the motor vehicle shall be primarily responsible in all

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prosecutions brought pursuant to the provisions of this chapter, except as otherwise provided in this

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section.

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     (b) In all prosecutions of civil school-zone violations based on evidence obtained from an

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automated traffic-speed-enforcement system, the registered owner of a vehicle which has been

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operated in violation of a civil traffic violation, may be liable for such violation. The registered

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owner of the vehicle may assume liability for the violation by paying the fine, or by defending the

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violation pursuant to the remedies available under the law.

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     (c) The lessee of a leased vehicle shall be considered the owner of a motor vehicle for

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purposes of this section.

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     31-41.3-11. Use of evidence in criminal and civil cases.

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     Nothing in this chapter shall prohibit the use of evidence produced by an automated school-

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zone-speed-enforcement system in a criminal or civil proceeding; provided, that the admissibility

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of such evidence shall follow the applicable laws and rules of procedure and rules of evidence

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which apply in criminal and civil proceedings.

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     31-41.3-13. Security of records.

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     (a) The recorded images produced by an automated school-zone-speed-enforcement

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system shall not be deemed "public records" subject to disclosure pursuant to § 38-2-2.

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     (b) All recorded images that do not identify a violation shall be destroyed within ninety

 

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(90) days of the date the image was recorded, unless otherwise ordered by a court of competent

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jurisdiction.

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     (c) All recorded images that identify a violation shall be destroyed within one year after

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the citation is resolved by administrative payment, trial, or other final disposition of the citation,

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unless otherwise ordered by a court of competent jurisdiction.

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     (d) The privacy of records produced pursuant to this chapter shall be maintained; provided,

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that aggregate data not containing personal identifying information may be released.

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     31-41.3-14. Reports.

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     (a) The agency or municipality authorizing the installation of automated school-zone-

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speed-enforcement systems shall prepare an annual report containing data on:

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     (1) The number of citations issued at each particular school zone location;

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     (2) The number of those violations paid by mail;

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     (3) The number of those violations found after trial or hearing;

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     (4) The number of violations dismissed after trial or hearing;

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     (5) The number of accidents at each school zone location;

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     (6) A description as to the type of accident;

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     (7) An indication regarding whether there were any injuries involved in any accident

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reported;

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     (8) The cost to maintain the automated school-zone-speed-enforcement system; and

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     (9) The amount of revenue obtained from the automated school-zone-speed-enforcement

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system.

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     31-41.3-15. Penalties.

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     (a) Every person found to have violated the provisions of this chapter shall be fined fifty

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dollars ($50.00) for each offense; provided, however that for a period of thirty (30) days following

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the installation of any new automated school-zone-speed-enforcement system, a violation recorded

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by the system shall only be enforced by the issuance of a warning.

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     (b) A violation of this chapter shall not be considered a moving violation for purposes of

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the motorist's driving record.

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     (c) Every three (3) years from the date of the motorist's first offense under this chapter, the

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court shall expunge any automated school-zone-speed-enforcement violations during the preceding

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three-year (3) period.

 

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - AUTOMATED TRAFFIC SPEED

ENFORCEMENT SYSTEM

***

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     This act would authorize the use of automated traffic-speed camera-enforcement systems

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on all state and local roads within the state, not just in school zones.

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     This act would take effect upon passage.

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