2026 SESSION

INTRODUCED

26102702D

HOUSE BILL NO. 1397

Offered January 22, 2026

A BILL to amend and reenact §§ 2.2-1112 and 19.2-270.7 of the Code of Virginia, relating to determining decibel level of sound with proper equipment; certificate as to accuracy of equipment.

—————

Patron—Franklin, M.A.

—————

Referred to Committee on Public Safety

—————

Be it enacted by the General Assembly of Virginia:

1. That §§ 2.2-1112 and 19.2-270.7 of the Code of Virginia are amended and reenacted 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 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, including those used by a local government employee of any locality who is properly trained in the use of such equipment and devices, meet or exceed the standards established by the Division and shall maintain, inspect, calibrate, and test for accuracy all such equipment and devices on a schedule and in accordance with standards established by the Division.

§ 19.2-270.7. Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment.

A law-enforcement officer, or a local government employee of any locality who is properly trained, 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.