MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Judiciary, Division B

By: Senator(s) Tollison, Albritton, Chaney, Dawkins, Harden, Nunnelee, Ross, White, Williamson

Senate Bill 2442

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SHERIFF IN CERTAIN COUNTIES TO USE RADAR SPEED DETECTION EQUIPMENT UPON THE STREETS, ROADS AND HIGHWAYS THAT ARE UNDER THE JURISDICTION OF THE BOARD OF SUPERVISORS AND LOCATED OUTSIDE THE CORPORATE LIMITS OF A MUNICIPALITY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 63-3-519, Mississippi Code of 1972, is amended as follows:

     [From and after July 1, 2006, and until July 1, 2008, this section shall read as follows:]

     63-3-519.  (1)  It shall be unlawful for any person or peace officer or law enforcement agency, except the Mississippi Highway Safety Patrol, to purchase or use or allow to be used any type of radar speed detection equipment upon any public street, road or highway of this state.  However, such equipment may be used:

          (a)  By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more upon the public streets of the municipality;

          (b)  By any college or university campus police force within the confines of any campus wherein more than two thousand (2,000) students are enrolled;

          (c)  By municipal law enforcement officers in any municipality having a population in excess of fifteen thousand (15,000) according to the latest federal census on federally designated highways lying within the corporate limits;

          (d)  By the sheriff of any of the counties listed in paragraph (e) upon any public road, street or highway that is:                   (i)  Under the jurisdiction of the county board of supervisors for maintenance and construction; and

              (ii)  Located outside the corporate limits of a municipality; and

              (iii)  Upon which road, street or highway the speed limit is clearly posted; or

              (iv)  In a posted school zone during school hours.

          (e)  This subsection shall apply to the following counties:  Harrison, Jackson, Tunica, Lamar, Hinds, Lowndes, Rankin, Lauderdale, Adams, Jones, DeSoto, Warren, Oktibbeha, Pike, Pearl River, Clay, Noxubee and Washington Counties.

     (2)  The Mississippi Highway Safety Patrol shall not set up radar on highways within municipalities with a population in excess of fifteen thousand (15,000) according to the latest federal census.

     [From and after July 1, 2008, this section shall read as follows:]

     63-3-519.  It shall be unlawful for any person or peace officer or law enforcement agency, except the Mississippi Highway Safety Patrol, to purchase or use or allow to be used any type of radar speed detection equipment upon any public street, road or highway of this state.  However, such equipment may be used:

          (a)  By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more upon the public streets of the municipality;

          (b)  By any college or university campus police force within the confines of any campus wherein more than two thousand (2,000) students are enrolled;

          (c)  By municipal law enforcement officers in any municipality having a population in excess of fifteen thousand (15,000) according to the latest federal census on federally designated highways lying within the corporate limits.

     The Mississippi Highway Safety Patrol will not set up radar on highways within municipalities with a population in excess of fifteen thousand (15,000) according to the latest federal census.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2006.