40-14-21
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40-14-21.
(a)
The law enforcement agency of any county or municipality shall not use
traffic-control signal monitoring devices unless the chief law enforcement
officer of such county or municipality desires the use of such devices and such
use is approved by the governing authority of the county or municipality. The
governing authority of the county or municipality shall conduct a public hearing
on the proposed use of such devices prior to entering any contract on or after
July 1, 2001, for the use or purchase of such devices.
(b)
No county or municipal governing authority shall be authorized to use
traffic-control signal monitoring devices where any arresting officer or
official of the court having jurisdiction of traffic cases is paid on a fee
system. This subsection shall not apply to any official receiving a recording
fee.
(c)
If a county or municipality elects to use traffic-control signal monitoring
devices, no portion of any civil monetary penalty collected through the use of
such devices may be paid to the manufacturer or vendor of the traffic-control
signal monitoring devices. The compensation paid by the county or municipality
for such devices shall be based on the value of such equipment and shall not be
based on the number of citations issued or the revenue generated by such
devices.
(d)(1)
A traffic-control signal monitoring device shall not be used by a law
enforcement agency unless the law enforcement agency employs at least one
full-time certified peace officer.
(2)
Failure of a law enforcement agency to continue to meet the standards provided
by this subsection shall cause such agency to be ineligible to use
traffic-control signal monitoring devices.
(e)
A traffic-control signal monitoring device shall not be used to produce any
photograph, microphotograph, electronic image, or videotape showing the identity
of any person in a motor vehicle.