Senate Bill 2208

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 EMPLOYED BY CERTAIN SHERIFFS 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 TO ACQUIRE SPEED DETECTION EQUIPMENT FOR USE BY THEIR LAW ENFORCEMENT OFFICERS ON PUBLIC ROADS WITHIN THEIR JURISDICTION, PROVIDED THAT THE BOARD OF SUPERVISORS HAS SO DIRECTED BY RESOLUTION DULY SPREAD ON ITS MINUTES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The 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 October 1, 2004, the Department of Public Safety shall conduct training courses for law enforcement personnel employed by any sheriff 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 sheriff's department which a law enforcement officer serves or by which he is employed is authorized to pay the officer's 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 boards of supervisors shall be notified of such prices at least annually.

(4) The Department of Public Safety shall annually notify all sheriffs 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. It shall be unlawful for any person or peace officer or law enforcement agency, except the Department of Public Safety, 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. 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;

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

3. 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;

4. By any sheriff or certified law enforcement officer employed by a sheriff who has met all requirements of Section 1 of Senate Bill No. 2208, 2004 Regular Session, provided that the county's board of supervisors has passed a resolution authorizing the sheriff to do so.

The Department of Public Safety will 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 3. Section 1 of this act shall take effect and be in force from and after October 1, 2004, and Section 2 of this act shall take effect and be in force from and after January 1, 2005.