House Bill 330

AN ACT TO AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SHERIFF AND HIS DEPUTIES IN CERTAIN COUNTIES 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 PROVIDE THAT FINES COLLECTED FOR SPEEDING VIOLATIONS RESULTING FROM THE USE OF RADAR SPEED DETECTION EQUIPMENT BY THE SHERIFF OR DEPUTY SHERIFFS IN SUCH COUNTIES, WITH THE EXCEPTION OF SUCH COSTS AS THE COUNTY INCURS IN THE PURCHASE AND USE OF RADAR SPEED DETECTION EQUIPMENT, SHALL BE FORWARDED TO THE STATE TREASURER AND 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 fifteen thousand (15,000) according to the latest federal census on federally designated highways lying within the corporate limits; and

(d) (i) By the sheriff and deputy sheriffs of any of the following counties upon the public streets, roads and highways of the county lying outside of the limits of any incorporated municipality:

1. Any county having a population in excess of 107,000 according to the latest federal decennial census and in which Interstate 55 and Mississippi Highway 302 intersect;

2. Any county having a population in excess of 74,000 according to the latest federal decennial census and in which Interstate 55 and Mississippi Highway 16 intersect; and

3. Any county having a population in excess of 115,000 according to the latest federal decennial census and in which Interstate 20 and U.S. Highway 49 intersect.

(ii) All fines collected for motor vehicle speeding violations resulting from the use of radar speed detection equipment as authorized under subparagraph (d)(i) of this subsection (1), with the exception of such costs as the county incurs in the purchase and use of radar speed detection equipment by the sheriff's department of the county, shall be forwarded to the State Treasurer and deposited into the State General Fund.

(iii) Paragraph (d) of this subsection (1) shall stand repealed from and after October 1, 2009.

(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, 2005.