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2010 SESSION
10103337DBe it enacted by the General Assembly of Virginia:
1. That § 2.2-1112 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding a section numbered 19.2-270.7 as follows:
§ 2.2-1112. Standardization of materials, equipment and supplies.
A. So far as practicable, all materials, equipment and supplies, purchased by or for the officers, departments, agencies or institutions of the Commonwealth, shall be standardized by the Division, and no variation shall be allowed from any established standard without the written approval of the Division. The standard shall be determined upon the needs of all using agencies, so far as their needs are in common, and for groups of using agencies or single using agencies so far as their needs differ. When changes or alterations in equipment are necessary in order to permit the application of any standard, the changes and alterations shall be made as rapidly as possible.
B. The
Division shall determine the proper equipment or electrical devices used to
monitor the speed of any motor vehicle pursuant to § 46.2-882 and shall so
advise the respective law-enforcement officials. Police chiefs and sheriffs
shall ensure that all such equipment and devices meet or exceed the standards
established by the Division. This provision subsection shall apply only to equipment and devices purchased on
or after July 1, 1986.
C. The Division shall determine the proper equipment to be used to determine the decibel level of sound and shall so advise the respective law-enforcement officials. Police chiefs and sheriffs shall ensure that all such equipment and devices meet or exceed the standards established by the Division. This subsection shall only apply to equipment and devices purchased on or after July 1, 2010.
§ 19.2-270.7. Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment.
A law-enforcement officer may use equipment deemed proper pursuant to subsection C of § 2.2-1112 to determine the decibel level of any sound, including noise. The results of such determinations shall be accepted as prima facie evidence of the decibel level of the sound in any court or legal proceeding where the decibel level of the sound is at issue.
In any court or legal proceeding in which any question arises about the calibration or accuracy of such equipment used to determine the decibel level of sound, a certificate, or a true copy thereof, showing the calibration or testing for accuracy of the equipment, and when and by whom the calibration or test was made, shall be admissible as evidence of the facts therein stated. No calibration or testing of such equipment shall be valid for longer than 12 months.