House Bill 435

AN ACT TO AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SHERIFFS AND THEIR DEPUTIES IN ANY COUNTY HAVING A POPULATION OF MORE THAN FIFTY THOUSAND TO USE RADAR SPEED DETECTION EQUIPMENT UPON CERTAIN PUBLIC STREETS, ROADS AND HIGHWAYS OF THE COUNTY LYING OUTSIDE THE LIMITS OF ANY INCORPORATED 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:

63-3-519. (1) It is 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; and

(d) By the sheriff and his deputies on public roads, streets or highways outside the corporate limits of a municipality located in a county having a population of more than fifty thousand (50,000) according to the latest federal decennial census. However, radar speed detection equipment may be used only on county roads that the sheriff determines to have experienced high incidents of speeding.

(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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.