Senate File 2326 S-5033 Amend Senate File 2326 as follows: 1 1. Page 1, line 5, after < state > by inserting < , > 2 2. Page 1, line 6, by striking < department. > and inserting 3 < department , against commercial motor vehicles, subject to the 4 limitations set forth in subsection 1A, and to enforce the laws 5 of the state against noncommercial motor vehicles as described 6 in subsection 1B . > 7 3. Page 1, line 10, by striking < all laws of this state > and 8 inserting < all such laws of this state > 9 4. Page 1, line 13, by striking < subsection > and inserting 10 < subsections > 11 5. Page 1, before line 14 by inserting: 12 < NEW SUBSECTION . 1A. An employee designated as a peace 13 officer pursuant to this section, when performing a traffic 14 stop of a commercial motor vehicle for a speeding violation, 15 shall do one of the following: 16 a. For a speeding violation of ten miles per hour or less 17 over the legal speed limit, the employee shall not issue a 18 citation for the violation unless the person was operating the 19 commercial motor vehicle in an erratic manner. 20 b. For a speeding violation of more than ten miles per 21 hour but less than sixteen miles per hour over the legal speed 22 limit, the employee shall issue a citation for the violation, 23 but may use the employee’s discretion to issue a citation for a 24 violation of ten miles per hour over the legal speed limit. 25 c. For a speeding violation of sixteen miles per hour or 26 more over the legal speed limit, the employee shall issue a 27 citation for the violation. 28 NEW SUBSECTION . 1B. An employee designated as a peace 29 officer pursuant to this section shall not perform a traffic 30 stop of a noncommercial motor vehicle unless the vehicle poses 31 an imminent danger to the public or unless the stop is a 32 result of a request for assistance by a law enforcement agency 33 or peace officer with authority to stop noncommercial motor 34 vehicles. For purposes of this subsection, “imminent danger 35 -1- SF2326.3611 (1) 87 ns/rh 1/ 2 #1. #2. #3. #4. #5.
to the public” includes but is not limited to a motor vehicle 1 operating twenty-five miles per hour or more over the legal 2 speed limit or operating in an erratic manner such as weaving 3 in and out of traffic at high speeds or swerving across the 4 traveled portion of the roadway. > 5 6. By renumbering as necessary. 6 ______________________________ JEFF DANIELSON -2- SF2326.3611 (1) 87 ns/rh 2/ 2 #6.