S-4788.1 _______________________________________________
SUBSTITUTE SENATE BILL 6051
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State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Quigley, Ludwig and A. Smith)
Read first time 02/04/94.
AN ACT Relating to speed measuring device expert testimony in court; and adding a new section to chapter 46.63 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 46.63 RCW to read as follows:
(1) In prosecutions involving the use of a speed measuring device, the defendant may, ten days before the defendant's court date, request a certified copy of the speed measuring device expert's affidavit from the appropriate law enforcement agency's speed measuring device expert. The certified copy is prima facie evidence in court of the reliability and functionality of the speed measuring device in question.
(2) The defendant in a prosecution involving the use of a speed measuring device may subpoena the appropriate speed measuring device expert to testify in court if, ten days before issuing the subpoena, the defendant gives the supervisor of the speed measuring device expert notice of the defendant's intention to require the speed measuring device expert's appearance.
(3) In addition, if the defendant in a prosecution involving the use of a speed measuring device has subpoenaed a speed measuring device expert and is found to have committed the violation in which the speed measuring device was used, the judge hearing the case shall impose an appropriate witness fee upon the defendant for the use of the speed measuring device expert. The fee collected must be forwarded to the employing agency of the speed measuring device expert for use in supporting traffic law enforcement functions.
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