MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Judiciary B
By: Representatives Blackwell, Anderson (122nd), Arnold, Byrd, Estrada, Eubanks, McMillan, Shanks, Smith, Wallace
AN ACT TO AMEND SECTION 17-25-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE GOVERNING AUTHORITY OF ANY COUNTY OR MUNICIPALITY UTILIZES MANUALLY OPERATED AUTOMATED RECORDING EQUIPMENT OR SYSTEM, THEN THERE MUST BE POSITIVE VERIFICATION OF THE DRIVER TO ENFORCE COMPLIANCE WITH OR TO IMPOSE OR COLLECT ANY FINE, FEES OR PENALTY FOR VIOLATION OF ANY TRAFFIC LAWS, RULES OR REGULATIONS ON ANY PUBLIC STREET, ROAD OR HIGHWAY WITHIN THIS STATE; TO DEFINE THE TERM "MANUALLY OPERATED AUTOMATED RECORDING EQUIPMENT OR SYSTEM"; TO AMEND SECTION 63-9-37, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 17-25-19, Mississippi Code of 1972, is amended as follows:
17-25-19. (1) (a) Neither the board of supervisors of any county nor the governing authority of any municipality shall adopt, enact or enforce any ordinance authorizing the use of automated recording equipment or system to enforce compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations on any public street, road or highway within this state or to impose or collect any civil or criminal fine, fee or penalty for any such violation.
(b) Any county or municipality using automated recording equipment or system shall remove the equipment or system before October 1, 2009.
(c) To help ensure constitutional due process for alleged traffic violators, if manually operated automated recording equipment or system is utilized by a law enforcement officer, then such officer shall prove and positively verify who was operating a vehicle to enforce compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations on any public street, road or highway within this state or to impose or collect any civil or criminal fine, fee or penalty for any such violation.
(2) For the purposes of this section, the terms:
(a) "Automated recording equipment or system" means a camera or optical device installed to work in conjunction with a traffic control signal or radar speed detection equipment, or both, and designed to record images that depict the license plate attached to the rear of a motor vehicle that is not operated in compliance with instructions of the traffic control signal or the posted speed limit.
(b) "Manually operated automated recording equipment or system" means a camera or optical device that is hand held by a law enforcement officer to work in conjunction with a traffic control signal or radar speed detection equipment, or both, and designed to record images that depict the license plate attached to the rear of a motor vehicle that is not operated in compliance with instructions of the traffic control signal or the posted speed limit.
SECTION 2. Section 63-9-37, Mississippi Code of 1972, is amended as follows:
63-9-37. The Mississippi Department of Public Safety shall only recognize any civil or criminal fine, fee, citation or penalty for a violation of compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations in another state that results from the use of automated recording equipment or system or the use of manually operated automated recording equipment or system as defined under Section 17-25-19 if that state is a member of the Driver License Compact as provided under Section 63-1-103. Further, the Mississippi Department of Public Safety shall not suspend the driver's license of a person for failure to pay any civil or criminal fine, fee, citation or penalty for such a violation unless the state that is due the fine, fee, citation or penalty is a member of the Driver License Compact.
SECTION 3. This act shall take effect and be in force from and after its passage.