House Bill 896

AN ACT TO AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SHERIFF AND DEPUTY SHERIFFS OF ANY COUNTY TO USE RADAR SPEED DETECTION EQUIPMENT UPON ANY PUBLIC ROAD, STREET OR HIGHWAY WITHIN THE COUNTY, EXCLUDING ANY INTERSTATE HIGHWAY, LYING OUTSIDE OF THE CORPORATE LIMITS OF ANY INCORPORATED MUNICIPALITY; TO REQUIRE THE GOVERNING AUTHORITY OF THE COUNTY TO CONDUCT AN INVESTIGATION TO DETERMINE SAFE AND REASONABLE SPEEDS, AND POST SPEED LIMITS ACCORDINGLY, BEFORE USING RADAR EQUIPMENT; TO PROVIDE THAT ALL FINES COLLECTED BY A COUNTY FROM THE USE OF RADAR SHALL BE DEPOSITED INTO A FUND TO BE APPROPRIATED BY THE LEGISLATURE FOR MAINTENANCE, RECONSTRUCTION AND/OR REPAIR OF EXISTING HIGHWAYS AND BRIDGES; 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. 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:

* * *1.(a) By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more according to the latest federal decennial census upon the public streets of the municipality;

* * *2.(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;

* * *3.(c) By municipal law enforcement officers in any municipality having a population in excess of fifteen thousand (15,000) according to the latest federal decennial census on federally designated highways lying within the corporate limits.

(d) By the sheriff and deputy sheriffs of any county on any public road, street or highway within the county, excluding any interstate highway, that is located outside the corporate limits of any incorporated municipality. Prior to the use of radar speed detection equipment on the public roads, streets or highways within the county in accordance with this paragraph (d), the governing authority of the county shall conduct or cause to be conducted a traffic engineering investigation to determine safe and reasonable speeds, as prescribed by federal and state law, and post those speed limits accordingly. All fines collected under this paragraph (d) shall be remitted to the State Treasury and shall be deposited into a segregated highway and bridge fund to be appropriated by the Legislature exclusively for the maintenance, reconstruction and/or repair of existing highways and bridges by and/or through the Mississippi Department of Transportation.

The Mississippi Highway Safety Patrol will not set up radar on highways within municipalities with a population in excess of fifteen thousand (15,000) according to the latest federal decennial census.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.