Senate Bill 2633

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 WITHIN THE COUNTY, LYING OUTSIDE THE LIMITS OF ANY INCORPORATED MUNICIPALITY UNTIL A CERTAIN DATE; TO PROVIDE FOR THE NUMBER OF RADAR GUNS ELIGIBLE FOR PURCHASE BY A COUNTY BASED ON THE NUMBER OF FULLTIME DEPUTIES IN THE COUNTY; TO PROHIBIT THE USE OF RADAR WITHIN 500 YARDS OF THE BOUNDARY LINE OF A MUNICIPALITY, THE BOUNDARY LINE OF THE COUNTY AND A SPEED LIMIT CHANGE; TO PROHIBIT SHERIFFS FROM USING RADAR SPEED DETECTION EQUIPMENT ON ANY INTERSTATE HIGHWAYS OR FOUR-LANE STATE HIGHWAYS; TO PROVIDE THAT CERTAIN FUNDS SHALL BE DIRECTED TO THE SCHOOL DISTRICT WHERE THE CITATION WAS ISSUED TO BE USED FOR SCHOOL SAFETY PURPOSES AND DRIVER'S EDUCATION PROGRAMS; 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) By the sheriff and deputy sheriffs of any county with a population exceeding one hundred thousand (100,000) on any public county road or highway within the county which is located outside the corporate limits of any incorporated municipality upon the adoption of a resolution declaring the intent of the board of supervisors in favor of the use of radar speed detection equipment until July 1, 2026. Under this paragraph (e):

(i) Each sheriff's department shall not purchase more than three (3) radar guns;

(ii) Each sheriff's department shall not use radar speed detection equipment within five hundred (500) yards of:

1. The boundary line of a municipality;

2. The boundary line of the county; and

3. A speed limit change;

(iii) Each sheriff's department shall not use radar speed detection equipment on any interstate or any four-lane state highway; and

(iv) Any funds received in association with a speeding violation detected by a sheriff or deputy sheriff through the use of radar speed detection equipment under this paragraph that would otherwise have returned to the county shall be deposited into the fund of the school district in which the citation was issued. Such funds may be used by the school district for:

1. School safety purposes, including school resource officers; and

2. Driver's education programs.

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

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