House Bill 213

AN ACT TO AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SHERIFF AND HIS DEPUTIES IN ANY COUNTY TO USE RADAR SPEED DETECTION EQUIPMENT UPON THE PUBLIC STREETS, ROADS AND HIGHWAYS OF THE COUNTY LYING OUTSIDE OF THE LIMITS OF ANY INCORPORATED MUNICIPALITY; TO PROVIDE THAT FIFTY PERCENT OF FINES COLLECTED BY A COUNTY FROM THE USE OF RADAR SHALL BE DEPOSITED INTO A SPECIAL FUND TO BE APPROPRIATED BY THE LEGISLATURE FOR MAINTENANCE, RECONSTRUCTION AND/OR REPAIR OF EXISTING HIGHWAYS AND BRIDGES; TO PROVIDE THAT THE OTHER FIFTY PERCENT OF FINES COLLECTED SHALL BE USED BY THE OFFICE OF STATE AID ROAD CONSTRUCTION TO BE USED IN THE COUNTY WHERE THE FINE ORIGINATED; 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:

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:

* * *1(a) By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more, according to the latest federal decennial census, upon the public streets of the municipality;

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

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

(d) By the sheriff and his deputies, and constables, in any county on any public road, street or highway (i) that is under the jurisdiction of the county board of supervisors for maintenance and construction, and (ii) that is located outside the corporate limits of a municipality. Fifty percent (50%) of the fines collected under this paragraph (d) shall be remitted to the State Treasury and shall be deposited into a segregated highway and bridge special fund to be appropriated by the Legislature exclusively for the maintenance, reconstruction and/or repair of existing highways and bridges by and/or through the Mississippi Department of Transportation. The other fifty percent (50%) of the fines shall be remitted to the State Treasury and shall be deposited into a segregated special fund to be appropriated by the Legislature exclusively to be used by the Office of State Aid Road Construction as additional funds to be used on state aid roads in the county where the fine originated.

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

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.