House Bill 613

AN ACT TO AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SHERIFF AND HIS DEPUTIES IN ANY COUNTY 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 AND UPON WHICH THE SPEED LIMIT IS CLEARLY POSTED; TO AUTHORIZE THE SHERIFF AND HIS DEPUTIES IN ANY COUNTY TO USE RADAR SPEED DETECTION EQUIPMENT UPON THE PUBLIC STREETS, ROADS AND HIGHWAYS OF THE COUNTY, INCLUDING WITHIN THE CORPORATE LIMITS OF ANY MUNICIPALITY WITHIN THE COUNTY, WITHIN A SCHOOL ZONE DURING SCHOOL HOURS AND UPON WHICH THE SCHOOL ZONE AND SPEED LIMIT IS CLEARLY POSTED; TO REVISE THE PENALTIES THAT MAY BE IMPOSED FOR A VIOLATION OF THIS SECTION; 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 shall be 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 of an incorporated municipality * * * 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;

(d) By the sheriff of any county and his deputies upon any public road, street or highway:

(i) That is under the jurisdiction of the county board of supervisors for maintenance and construction;

(ii) That is located outside the corporate limits of an incorporated municipality; and

(iii) Upon which the speed limit is clearly posted; and

(e) By the sheriff of any county and his deputies upon any public road, street or highway within the county, including within the corporate limits of any municipality within the county:

(i) Within a school zone during school hours; and

(ii) Upon which the school zone and speed limit is clearly posted.

(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.

(3) Every person convicted for a violation of subsection (1)(d) or (1)(e) of this section shall be punished for a first conviction thereof by a fine of not more than Fifty Dollars ($50.00); for a second conviction within one (1) year thereafter such person shall be punished by a fine of not more than One Hundred Dollars ($100.00); and for a third or subsequent conviction within one (1) year after the first conviction such person shall be punished by a fine of not more that Five Hundred Dollars ($500.00), or by imprisonment for not more that six (6) months, or by both such fine and imprisonment. No state assessment provided for by Section 99-19-73 or by any other state law may be imposed or collected for a first or second conviction of subsection (1)(d) or (1)(e) of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.