H-0049.1 _______________________________________________
HOUSE BILL 1181
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State of Washington 55th Legislature 1997 Regular Session
By Representatives Sterk, O'Brien and Crouse
Read first time 01/16/97. Referred to Committee on Law & Justice.
AN ACT Relating to evidence; adding a new section to chapter 46.63 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 speed measuring devices using the testing standards in the minimum performance specifications. Radar 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 speed measuring devices. The national highway and traffic safety administration publishes a consumer products list of those radar 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 speed measuring device if the device has been approved by the national highway and traffic safety administration for use as a police traffic radar speed measuring device and is contained in the national highway and traffic safety administration's published consumer products list of approved radar devices.
This section does not abrogate the rules of evidence that govern other foundational requirements to admit radar test results such as the proper calibration and operation of the particular radar device.
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