House Bill 1134

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; TO PROVIDE THAT CERTAIN MEASURES MAY BE TAKEN BY THE DEPARTMENT OF PUBLIC SAFETY IF CERTAIN ABUSE IS REPORTED CONCERNING THE USE OF SUCH EQUIPMENT; 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 within a municipality having a population of two thousand (2,000) or more according to the latest or a previous federal census upon the public streets of the municipality, but in no case where the latest federal census population for the municipality is less than one thousand five hundred (1,500);

(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 municipal law enforcement officers upon the public streets of any incorporated municipality (i) where the county seat is located in the municipality and (ii) where there is a public community college located in the municipality * * *.; and

(e) Subject to the provisions of subsection (2) of this section, by the sheriff and his deputies of any county on any public road, street or highway under the jurisdiction of the county, which road, street or highway is located outside the corporate limits of a municipality.

(2) (a) The board of supervisors of any county, in its discretion by order duly adopted and entered upon its minutes, may authorize the use of radar speed detection devices by the sheriff and his deputies on county roads, streets and highways as described under paragraph (1)(e) of this section.

(b) If the Department of Public Safety determines that the authority granted under this subsection is being abused after such purported abuse is reported and investigated by the department, then the commissioner of the department is authorized to notify the county of such abuse and the radar speed detection devices may be removed from the offending sheriff and his deputies.

(3) The Mississippi Highway Safety Patrol shall be immediately notified by municipal law enforcement of any road blockages or emergencies occurring on any federally designated limited-access highways lying within the corporate limits.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.