Senate Bill 2580

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 DEFINE AND PROHIBIT SPEED TRAPS; 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, 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.

(2) (a) 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.

(b) (i) It is unlawful for any person or peace officer or law enforcement agency to operate radar speed detection equipment at a speed trap.

(ii) For the purposes of this section, a "speed trap" is a particular section of a highway with a prima facie speed limit established by the local governing authority of the jurisdiction that is not justified by an engineering and traffic survey conducted within ten (10) years before the date of the alleged violation unless the speed limit conforms to requirements established by state or federal law.

(iii) This paragraph (b) does not apply to a posted school zone or to a local street or road. A local street or road is one that primarily provides access to abutting residential property and meets the following three (3) conditions:

1. Roadway width of not more than forty (40) feet.

2. Not more than one-half (1/2) mile of uninterrupted length. "Interruptions" include official traffic control signals.

3. Not more than one (1) traffic lane in each direction.

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