ROBERT L. EHRLICH, JR., Governor                            S.B. 455

(5) A PERSON WHO RECEIVES A CITATION UNDER PARAGRAPH (1) OF
THIS SUBSECTION MAY:

(I)      PAY THE CIVIL PENALTY, IN ACCORDANCE WITH
INSTRUCTIONS ON THE CITATION, DIRECTLY TO THE POLITICAL SUBDIVISION OR TO
THE DISTRICT COURT; OR

(II)     ELECT TO STAND TRIAL FOR THE ALLEGED VIOLATION.

(6) A POLITICAL SUBDIVISION:

(I) MAY RETAIN A PORTION OF THE CIVIL PENALTIES COLLECTED
UNDER THIS SECTION TO COVER THE DOCUMENTED COSTS OF IMPLEMENTING AND
MAINTAINING SPEED MONITORING SYSTEMS;

(II) MAY RETAIN 33% OF THE CIVIL PENALTIES COLLECTED UNDER
THIS SECTION TO BE USED ONLY FOR HOMELAND SECURITY PURPOSES; AND

(III)    SHALL REMIT THE REMAINDER TO THE HOMELAND SECURITY
FUND ESTABLISHED UNDER ARTICLE 41, § 4-501 OF THE CODE.

(E)     (1) A CERTIFICATE ALLEGING THAT THE VIOLATION OF THIS SUBTITLE
OCCURRED AND THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION HAVE
BEEN SATISFIED, SWORN TO OR AFFIRMED BY A DULY AUTHORIZED AGENT OF
POLICE OFFICER EMPLOYED BY THE AGENCY OR A DESIGNATED MUNICIPAL
OFFICIAL, BASED ON INSPECTION OF RECORDED IMAGES PRODUCED BY A SPEED
MONITORING SYSTEM, SHALL BE EVIDENCE OF THE FACTS CONTAINED THEREIN
AND SHALL BE ADMISSIBLE IN ANY PROCEEDING ALLEGING A VIOLATION UNDER
THIS SECTION WITHOUT THE PRESENCE OR TESTIMONY OF A SPEED MONITORING
SYSTEM OPERATOR WHO PERFORMED THE REQUIREMENTS UNDER SUBSECTION (B)
OF THIS SECTION.

(2)    (I) A CITATION ISSUED TO AN INDIVIDUAL UNDER THIS SECTION
SHALL CONTAIN NOTICE OF THE RIGHT TO HAVE A SPEED MONITORING SYSTEM
OPERATOR PRESENT TO TESTIFY AT TRIAL.

(II) IF AN INDIVIDUAL REQUESTS A SPEED MONITORING SYSTEM
OPERATOR TO BE PRESENT TO TESTIFY AT TRIAL, THE INDIVIDUAL SHALL NOTIFY
THE COURT AND THE LOCAL JURISDICTION IN WRITING NO LATER THAN 20 DAYS
BEFORE THE TRIAL.

(3)      ADJUDICATION. OF LIABILITY SHALL BE BASED ON A
PREPONDERANCE OF EVIDENCE.

(F)     (1) THE DISTRICT COURT MAY CONSIDER IN DEFENSE OF A VIOLATION:

(I) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THAT THE
MOTOR VEHICLE OR REGISTRATION PLATES OF THE MOTOR VEHICLE WERE STOLEN
BEFORE THE VIOLATION OCCURRED AND WERE NOT UNDER THE CONTROL OR
POSSESSION OF THE OWNER AT THE TIME OF THE VIOLATION;

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