MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary, Division B; Finance

By: Senator(s) McLendon, England

Senate Bill 2868

AN ACT TO AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SHERIFF AND HIS DEPUTIES IN ANY COUNTY HAVING A POPULATION OF 140,000 OR MORE TO USE RADAR SPEED DETECTION EQUIPMENT UPON THE PUBLIC STREETS, ROADS AND HIGHWAYS WITHIN THE COUNTY, LYING OUTSIDE THE LIMITS OF ANY INCORPORATED MUNICIPALITY, AND EXCLUDING ANY INTERSTATE HIGHWAY; TO FORBID THE LEVY OF ANY FINE ASSOCIATED WITH THE ISSUANCE OF A CITATION WHERE A DRIVER IS DETECTED TO HAVE BEEN TRAVELING IN EXCESS OF THE POSTED SPEED LIMIT, AS DETECTED BY THE SHERIFF OR HIS DEPUTIES THROUGH THE USE OF RADAR SPEED DETECTION EQUIPMENT; 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.  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 and deputy sheriffs of any county having a population of one hundred forty thousand (140,000) or more according to the 2020 federal decennial census, on any public county road or highway within the county, excluding any interstate or state highway, which is located outside the corporate limits of any incorporated municipality.  Under this paragraph (d):

              (i)  Each sheriff's department shall not purchase more than two (2) radar guns;

              (ii)  Each sheriff's department shall not use radar within five hundred (500) yards of:

                   1.  The boundary line of a municipality;

                   2.  The boundary line of the county; and

                   3.  A speed limit change; and

              (iii)  Any funds received in association with the issuance of a citation resulting from a speeding violation detected by a sheriff or deputy sheriff through the use of radar speed detection equipment under this paragraph shall be used by the school district only for classroom purposes in the school district where the violation was detected.

     The Mississippi Highway Safety Patrol shall be immediately notified by municipal law enforcement of any road blockages or emergencies occurring on any federally designated limited-access highways lying within the corporate limits.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2022.