MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Smith

AN ACT TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE A LIST OF RELIABLE SPEED DETECTION EQUIPMENT; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO CONDUCT TRAINING COURSES FOR LOCAL LAW ENFORCEMENT PERSONNEL IN THE USE OF SUCH EQUIPMENT; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ESTABLISH A STATE CONTRACT PRICE FOR SUCH EQUIPMENT; TO AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ALL COUNTIES AND MUNICIPALITIES TO ACQUIRE SPEED DETECTION EQUIPMENT FOR USE BY THEIR LAW ENFORCEMENT OFFICERS ON PUBLIC ROADS WITHIN THEIR JURISDICTION; TO REQUIRE COUNTIES AND MUNICIPALITIES TO REEVALUATE THEIR SPEED LIMITS PRIOR TO JULY 1, 1999; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Mississippi Department of Public Safety shall from time to time, by testing or from any other source or method which the commissioner of the department deems reliable, compile a list of speed detection equipment which the department determines will accurately measure the speed of motor vehicles.

(2) From and after July 1, 1999, the Department of Public Safety shall conduct training courses for law enforcement personnel in the use of speed detection equipment which the department has listed pursuant to subsection (1) of this section. The department may charge a reasonable tuition fee for such training, not to exceed Two Hundred Fifty Dollars ($250.00) for each person trained. The entity which a law enforcement officer serves or by which he is employed is authorized to pay his expenses, including tuition, incurred while attending such a training course.

(3) In order that the lowest and best prices on speed detection equipment will be available to local governing authorities, the Department of Finance and Administration shall expeditiously determine a state contract price for the speed detection equipment listed pursuant to subsection (1) of this section. County and municipal governing authorities shall be notified of such prices at least annually.

(4) The Department of Public Safety shall annually notify all law enforcement agencies which issue speeding citations of the time, location and duration of certification programs which the department plans to conduct pursuant to subsection (2) of this section. Such notification shall also contain a description of the type of speed detection equipment for which training will be offered.

SECTION 2. Section 63-3-519, Mississippi Code of 1972, is amended as follows:

63-3-519. (1) From and after July 1, 1999, the State Department of Public Safety, the governing authorities of any municipality and the board of supervisors of any county may acquire speed detection equipment for use by their law enforcement officers along the public roads within their respective jurisdictions. Equipment acquired by boards of supervisors may be used only by the sheriff or his deputies and constables, and the sheriff, his deputies and constables may use such equipment only in the unincorporated area of the county along public roads that are wholly or partially maintained by the county. The sheriff, his deputies and constables may use such equipment within incorporated municipalities when requested by the governing authorities of the municipality or the municipal chief of police or marshal. Equipment acquired by municipalities and counties shall only be utilized by full-time, state-certified law enforcement officers who have successfully completed a course of training conducted by the Department of Public Safety pursuant to Section 1(2), Senate Bill No. 2667, 1999 Regular Session. No part-time, noncertified or untrained law enforcement officer may obtain or utilize speed detection equipment; and no determination of speed taken by such an officer with such equipment may be the basis of any traffic citation.

(2) Prior to July 1, 1999, each municipality and county shall reevaluate the speed limits which have been set for those roads and highways along which their law enforcement officers may use speed detection equipment pursuant to subsection (1) of this section. This reevaluation shall include at least one (1) public hearing for which notice shall be given by publication in a newspaper having general circulation in the municipality or county, as the case may be. Such publication shall be once a week for three (3) weeks prior to the date on which the public hearing is scheduled. A copy of the findings from the reevaluation shall be maintained at the city hall or the courthouse, as the case may be, and a summary of such findings, emphasizing any speed limit changes, shall be published prior to July 1, 1999, in a newspaper having general circulation in the municipality or county, as the case may be. In any municipality or county which fails to perform the reevaluation required in this subsection, no determination of speed with the use of speed detection equipment may be the basis of any traffic citation after June 30, 1999.

SECTION 3. This act shall take effect and be in force from and after its passage.