1181 AMS FAIR S5093.1

HB 1181 - S AMD - 789

By Senators Fairley and Roach

                                               NOT ADOPTED 2/27/98

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that the national highway and traffic safety administration has established minimum performance specifications for speed measuring devices.  The international association of chiefs of police, in cooperation with the national highway and traffic safety administration, has tested various radar and lidar speed measuring devices using the testing standards in the minimum performance specifications.  Radar and lidar devices that are designed and constructed to provide accurate measurements of the speed of moving vehicles when properly calibrated and operated are approved for use as police traffic radar and lidar speed measuring devices.  The international association of chiefs of police publishes a consumer products list of those radar and lidar devices.  The legislature finds that those devices are sufficiently reliable when properly calibrated and operated that a court may take judicial notice of their reliability.

NEW SECTION. Sec. 2.  A new section is added to chapter 46.63 RCW to read as follows:

    In a hearing held to contest the determination that a traffic infraction has been committed, the court may take judicial notice of the reliability of the design, construction, and function of a radar and lidar speed measuring device if the state patrol has adopted a rule setting forth the design, construction, and function standards for radar and lidar speed measuring devices and provides a procedure for determining and declaring whether a device has met those standards.

    This section does not abrogate the rules of evidence that govern other foundational requirements to admit radar and lidar test results such as the proper calibration and operation of the particular radar and lidar device."

HB 1181 - S AMD - 789

By Senators Fairley and Roach

                                               NOT ADOPTED 2/27/98

    On page 1, line 1 of the title, after "evidence;" strike the remainder of the title and insert "adding a new section to chapter 46.63 RCW; and creating a new section."

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