MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Transportation
By: Representative Martinson
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 SEVENTY THOUSAND OR MORE 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 REDUCE THE MINIMUM POPULATION REQUIREMENTS OF MUNICIPALITIES WHOSE LAW ENFORCEMENT OFFICERS ARE AUTHORIZED TO USE RADAR SPEED DETECTION EQUIPMENT ON FEDERALLY DESIGNATED HIGHWAYS LYING WITHIN THE CORPORATE LIMITS; TO AMEND SECTION 63-9-11, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE FINE THAT MAY BE IMPOSED UPON CONVICTION OF ANY PERSON FOR A MOTOR VEHICLE SPEEDING VIOLATION WHERE A RADAR SPEED DETECTION DEVICE WAS USED AS EVIDENCE OF THE VIOLATION BY A SHERIFF OR DEPUTY SHERIFF IN A COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR MORE; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO IMPOSE AN ADDITIONAL STATE ASSESSMENT UPON PERSONS CONVICTED OF A MOTOR VEHICLE SPEEDING VIOLATION WHERE A RADAR SPEED DETECTION DEVICE WAS USED AS EVIDENCE OF THE VIOLATION BY A SHERIFF OR DEPUTY SHERIFF IN A COUNTY HAVING A POPULATION OF SEVENTY THOUSAND OR MORE; TO PRESCRIBE THE MANNER BY WHICH THE AMOUNT OF THE ADDITIONAL ASSESSMENT SHALL BE CALCULATED; TO PROVIDE THAT THE ASSESSMENT SHALL BE DEPOSITED INTO THE STATE GENERAL FUND; 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 fourteen thousand (14,000) according to the latest federal census on federally designated highways lying within the corporate limits; and
(d) By the sheriff and deputy sheriffs of any county having a population of seventy thousand (70,000) or more, according to the latest federal decennial census, upon the public streets, roads and highways of the county lying outside of the limits of any incorporated municipality. Any person convicted of a motor vehicle speeding violation where a radar speed detection device was used under this paragraph (d) as evidence of the violation shall be punished as provided under Section 63-9-11(3).(2) The Mississippi Highway Safety Patrol shall not set up radar on highways within municipalities with a population in excess of fourteen thousand (14,000) according to the latest federal census.
SECTION 2. Section 63-9-11, Mississippi Code of 1972, is amended as follows:
63-9-11. (1) It is a misdemeanor for any person to violate any of the provisions of Chapter 3, 5 or 7 of this title, unless such violation is by such chapters or other law of this state declared to be a felony.
(2) Except as otherwise provided under subsection (3) of this section, every person convicted of a misdemeanor for a violation of any of the provisions of such chapters for which another penalty is not provided shall, for a first conviction thereof, be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than ten (10) days; for a second such conviction within one (1) year thereafter such person shall be punished by a fine of not more than Two Hundred Dollars ($200.00) or by imprisonment for not more than twenty (20) days or by both such fine and imprisonment; upon a third or subsequent conviction within one (1) year after the first conviction such person shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment.
(3) Any person convicted for a motor vehicle speeding violation where a radar speed detection device was used under Section 63-3-519(1)(d) as evidence of the violation shall be punished by a fine in the amount of Ten Dollars ($10.00) and/or any applicable imprisonment as authorized for the offense under subsection (2) of this section.
(4) (a) Whenever a person not covered under Section 63-1-55 is charged with a misdemeanor violation of any of the provisions of Chapter 3, 5 or 7 of this title, the person shall be eligible to participate in not less than four (4) hours of a traffic safety violator course and thereby have no record of the violation on the person's driving record if the person meets all the following conditions:
(i) The defendant has a valid Mississippi driver's license or permit.
(ii) The defendant has not had a conviction of a violation under Chapter 3, 5 or 7 of this title within three (3) years before the current offense; any conviction entered before October 1, 2002, does not constitute a prior offense for the purposes of this subsection (4).
(iii) The defendant's public and nonpublic driving record as maintained by the Department of Public Safety does not indicate successful completion of a traffic safety violator course under this section in the three-year period before the offense.
(iv) The defendant files an affidavit with the court stating that this is the defendant's first conviction in more than three (3) years or since October 1, 2002, whichever is the lesser period of time; the defendant is not in the process of taking a course under this section; and the defendant has not completed a course under this section that is not yet reflected on the defendant's public or nonpublic driving record.
(v) The offense charged is for a misdemeanor offense under Chapter 3, 5 or 7 of this title.
(vi) The defendant pays the applicable fine, costs and any assessments required by law to be paid upon conviction of such an offense.
(vii) The defendant pays to the court an additional fee of Ten Dollars ($10.00) to elect to proceed under the provisions of this subsection (4).
(b) (i) 1. An eligible defendant may enter a plea of nolo contendere or guilty in person or in writing and present to the court, in person or by mail postmarked on or before the appearance date on the citation, an oral or written request to participate in a course under this subsection (4).
2. The court shall withhold acceptance of the plea and defer sentencing in order to allow the eligible defendant ninety (90) days to successfully complete not less than four (4) hours of a court-approved traffic safety violator course at the cost of the defendant. Upon proof of successful completion entered with the court, the court shall dismiss the prosecution and direct that the case be closed. The only record maintained thereafter shall be the nonpublic record required under Section 63-9-17 solely for use by the courts in determining eligibility under this subsection (4).
(ii) If a person pleads not guilty to a misdemeanor offense under any of the provisions of Chapter 3, 5 or 7 of this title but is convicted, and the person meets all the requirements under paragraph (a) of this subsection, upon request of the defendant the court shall suspend the sentence for such offense to allow the defendant forty-five (45) days to successfully complete not less than four (4) hours of a court-approved traffic safety violator course at his own cost. Upon successful completion by the defendant of the course, the court shall set the conviction aside, dismiss the prosecution and direct that the case be closed. The court on its own motion shall expunge the record of the conviction, and the only record maintained thereafter shall be the nonpublic record required under Section 63-9-17 solely for use by the courts in determining an offender's eligibility under this subsection (4).
(c) An out-of-state resident shall be allowed to complete a substantially similar program in his home state, province or country provided the requirements of this subsection (4) are met, except that the necessary valid driver's license or permit shall be one issued by the home jurisdiction.
(d) A court shall not approve a traffic safety violator course under this subsection (4) that does not supply at least four (4) hours of instruction, an instructor's manual setting forth an appropriate curriculum, student workbooks, some scientifically verifiable analysis of the effectiveness of the curriculum and provide minimum qualifications for instructors.
(e) A court shall inform a defendant making inquiry or entering a personal appearance of the provisions of this subsection (4).
(f) The Department of Public Safety shall cause notice of the provisions of this subsection (4) to be available on its official website.
(g) Failure of a defendant to elect to come under the provisions of this subsection (4) for whatever reason, in and of itself, shall not invalidate a conviction.
(h) No employee of the sentencing court shall personally benefit from a defendant's attendance of a traffic safety violator course. Violation of this prohibition shall result in termination of employment.
(i) The additional fee of Ten Dollars ($10.00) imposed under this subsection (4) shall be forwarded by the court clerk to the State Treasurer for deposit into a special fund created in the State Treasury. Monies in the special fund may be expended by the Department of Public Safety, upon legislative appropriation, to defray the costs incurred by the department in maintaining the nonpublic record of persons who are eligible for participation under the provisions of this subsection (4).
SECTION 3. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic Violations.
(a) In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.), offenses relating to vehicular parking or registration and violations described under paragraph (b) of this subsection:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 1.00
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)................... 4.00
Emergency Medical Services Operating Fund.......... 10.00
Mississippi Leadership Council on Aging Fund....... 1.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................. 10.00
TOTAL STATE ASSESSMENT............................. $ 51.00
(b) In addition to the penalties imposed under Section 63-9-11, and the state assessments imposed under paragraph (a) of this subsection, there shall be imposed and collected a state assessment from each person convicted of a motor vehicle speeding violation where a radar speed detection device was used under Section 63-3-519(1)(d) as evidence of the violation. The amount of the additional assessment shall be calculated in the same manner as fines imposed for speeding violations under Section 63-9-11(2) are calculated, and shall be deposited into the State General Fund.
(2) Implied Consent Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Driver Training Penalty Assessment Fund............ 22.00
Law Enforcement Officers Training Fund............. 11.00
Emergency Medical Services Operating Fund.......... 10.00
Mississippi Alcohol Safety Education Program Fund.. 5.00
Federal-State Alcohol Program Fund................. 10.00
Mississippi Crime Laboratory
Implied Consent Law Fund...................... 25.00
Spinal Cord and Head Injury Trust Fund............. 25.00
Capital Defense Counsel Special Fund............... 1.00
State General Fund................................. 35.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
TOTAL STATE ASSESSMENT............................. $178.00
(3) Game and Fish Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 1.00
Law Enforcement Officers Training Fund............. 5.00
Hunter Education and Training Program Fund......... 5.00
State General Fund................................. 30.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
TOTAL STATE ASSESSMENT............................. $ 64.00
(4) Litter Law Violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-15-29 or 97-15-30:
FUND AMOUNT
Statewide Litter Prevention Fund................... $ 25.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
TOTAL STATE ASSESSMENT............................. $ 46.00
(5) Other Misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Special Fund............... 1.00
State General Fund................................. 30.00
State Crime Stoppers Fund.......................... 1.50
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund..................................... 8.00
Judicial Performance Fund........................... 2.00
TOTAL STATE ASSESSMENT............................. $ 71.50
(6) Other Felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Special Fund............... 1.00
State General Fund................................. 60.00
Criminal Justice Fund.............................. 50.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
TOTAL STATE ASSESSMENT............................. $150.00
(7) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(8) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.
(9) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.
(10) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 4. This act shall take effect and be in force from and after July 1, 2005.