PRINTER'S NO. 3895

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2818 Session of 1996


        INTRODUCED BY MARSICO, HASTE, DEMPSEY, BAKER, LYNCH, FARGO,
           BROWN, WOGAN, RAMOS, L. I. COHEN, FEESE, EGOLF, TRELLO,
           HENNESSEY, B. SMITH, CORPORA, E. Z. TAYLOR, BOSCOLA AND
           MERRY, JUNE 27, 1996

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 27, 1996

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, authorizing the use of laser speed detection
     3     devices by the Pennsylvania State Police.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 3368(c) of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 3368.  Speed timing devices.
     9     * * *
    10     (c)  Mechanical, electrical and electronic devices
    11  authorized.--
    12         (1)  Except as otherwise provided in this section, the
    13     rate of speed of any vehicle may be timed on any highway by a
    14     police officer using a mechanical or electrical speed timing
    15     device.
    16         (2)  Except as otherwise provided in paragraph (3),
    17     electronic devices such as radio-microwave devices (commonly


     1     referred to as electronic speed meters or radar) or light
     2     amplification by stimulated emission of radiation devices
     3     (commonly referred to as laser devices) may be used only by
     4     members of the Pennsylvania State Police.
     5         (3)  Electronic devices which calculate speed by
     6     measuring elapsed time between measured road surface points
     7     by using two sensors and devices which measure and calculate
     8     the average speed of a vehicle between any two points may be
     9     used by any police officer.
    10         (4)  No person may be convicted upon evidence obtained
    11     through the use of devices authorized by paragraphs (2) and
    12     (3) unless the speed recorded is six or more miles per hour
    13     in excess of the legal speed limit. Furthermore, no person
    14     may be convicted upon evidence obtained through the use of
    15     devices authorized by paragraph (3) in an area where the
    16     legal speed limit is less than 55 miles per hour if the speed
    17     recorded is less than ten miles per hour in excess of the
    18     legal speed limit. This paragraph shall not apply to evidence
    19     obtained through the use of devices authorized by paragraph
    20     (3) within a school zone.
    21     * * *
    22     Section 2.  This act shall take effect in 60 days.






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