Bill Text: MS HB1233 | 2026 | Regular Session | Introduced
Bill Title: MS Heroes Support Fund; authorize optional speeding fine for deposit.
Sponsorship: Partisan Bill (Republican 2)
Status: (Failed) 2026-02-03 - Died In Committee [HB1233 Detail]
Download: Mississippi-2026-HB1233-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary B; Appropriations A
By: Representatives Grady, Keen
House Bill 1233
AN ACT TO CREATE "THE MISSISSIPPI HEROES SUPPORT FUND ACT"; TO AUTHORIZE SOURCES OF MONEY FOR DEPOSIT INTO THE FUND; TO PROVIDE THAT CERTAIN MONIES FROM FIRST TIME SPEEDING VIOLATORS MAY BE DEPOSITED INTO THE FUND; TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF PUBLIC SAFETY TO ADMINISTER THE FUND; TO AUTHORIZE AN ANNUAL DISTRIBUTION OF THE FUND TO ALL FULL-TIME, CERTIFIED LAW ENFORCEMENT OFFICERS WHO HAVE COMPLETED AT LEAST ONE YEAR OF SERVICE WITH A LAW ENFORCEMENT AGENCY IN THE STATE OF MISSISSIPPI; TO REQUIRE ALL MUNICIPAL, COUNTY AND STATE LAW ENFORCEMENT OFFICERS TO RECEIVE ACCREDITATION FROM THE MISSISSIPPI LAW ENFORCEMENT ACCREDITATION COMMISSION BY A CERTAIN DATE; TO AMEND SECTION 63-9-11, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION OF LAW THAT PROVIDES PENALTIES FOR TRAFFIC VIOLATIONS TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as "The Mississippi Heroes Support Fund Act".
SECTION 2. For purposes of this act, the following terms shall have the meanings described herein:
(a) "Accredited" means accreditation issued to a municipal, county or state law enforcement agency by the Mississippi Law Enforcement Accreditation Commission.
(b) "Full-time certified law enforcement officer" has the meaning provided in Section 45-6-11.
(c) "Good standing" means as of October 1 of any year in which distribution of the Mississippi Heroes Support Fund occurs, the certified law enforcement officer is not suspended or under a reprimand, has not been suspended or reprimanded within the previous twelve (12) months, or has not had his or her certification recalled or cancelled within the previous twelve (12) months.
SECTION 3. [Until January 1, 2030, the following section shall read, as follows:]
(i) All monies received from speeding violations as described in paragraph (b) of this subsection;
(ii) Donations to the fund from any source; and
(iii) Any interest accruing to the fund.
(b) Upon a first-time conviction for a speeding violation, the violator shall pay the fine provided in Section 63-9-11 or choose to pay an additional One Hundred Dollar ($100.00) fine to have the conviction dismissed and the additional One Hundred Dollar ($100.00) fine deposited to the Mississippi Heroes Support Fund.
(2) By October 1 of each year, each municipal, county and state law enforcement agency shall provide the Commissioner of the Department of Public Safety with a list of all full-time certified law enforcement officers who have completed at least one (1) year of full-time service with the agency, is a current employee with the agency and is otherwise in good standing with the agency. By December 31 of each year, the Commissioner of the Department of Public Safety shall evenly distribute all monies in the fund to any certified law enforcement officer who has completed at least one (1) year of full-time service with a law enforcement agency, is working as a full-time certified law enforcement officer at the time of distribution of the fund and is otherwise in good standing with his or her law enforcement agency.
(3) The Mississippi Heroes Support Fund is created as a special fund in the State Treasury. Monies in the fund shall not lapse into the State General Fund at the end of the fiscal year, and all interest and other earnings on the monies in the Mississippi Heroes Support Fund shall be deposited to the credit of the fund.
(4) All law enforcement agencies who seek to receive funds from the Mississippi Heroes Support Fund shall be accredited by the Mississippi Law Enforcement Accreditation Commission by December 31, 2029.
[From and after January 1, 2030, the following section shall read, as follows:]
(1) (a) The Mississippi Heroes Support Fund is hereby created in the State Treasury as a special fund. The administration and regulation of the fund shall be vested in the Commissioner of the Department of Public Safety. The fund shall consist of:
(i) All monies received from speeding violations as described in paragraph (b) of this subsection;
(ii) Donations to the fund from any source; and
(iii) Any interest accruing to the fund.
(b) Upon a first-time conviction for a speeding violation, the violator shall pay the fine provided in Section 63-9-11 or choose to pay an additional One Hundred Dollar ($100.00) fine to have the conviction dismissed and the additional One Hundred Dollar ($100.00) fine deposited to the Mississippi Heroes Support Fund.
(2) (a) By October 1 of each year, each municipal, county and state law enforcement agency accredited by the Mississippi Law Enforcement Accreditation Commission shall provide the Commissioner of the Department of Public Safety with a list of all full-time certified law enforcement officers that have completed at least one (1) year of full-time service with the agency, is a current employee with the agency and is otherwise in good standing with the agency. By December 31 of each year, the Commissioner of the Department of Public Safety shall evenly distribute all monies in the fund to any certified law enforcement officer who has completed at least one (1) year of full-time service, is working as a full-time certified law enforcement officer with an accredited law enforcement agency and is otherwise in good standing with his or her accredited law enforcement agency.
(b) The payments from the Mississippi Heroes Support Fund shall only be awarded to officers employed by full-time law enforcement agencies accredited by the Mississippi Law Enforcement Accreditation Commission. The monies from the Mississippi Heroes Support Fund shall only be provided to law enforcement officers who are employed by a law enforcement agency accredited by the Mississippi Law Enforcement Accreditation Commission.
(2) The Mississippi Heroes Support Fund is created as a special fund in the State Treasury. Monies in the fund shall not lapse into the State General Fund at the end of the fiscal year, and all interest and other earnings on the monies in the Mississippi Heroes Support Fund shall be deposited to the credit of the fund.
SECTION 4. Section 63-9-11, Mississippi Code of 1972, is amended as follows:
63-9-11. (1) It is a misdemeanor for any person to violate any of the provisions of Chapter 3, 5 or 7 of this title, unless such violation is by such chapters or other law of this state declared to be a felony.
(2) * * * Except as otherwise provided in this
act, every person convicted of a misdemeanor for a violation of any of the
provisions of such chapters for which another penalty is not provided shall for
first conviction thereof be punished by a fine of not more than One Hundred
Dollars ($100.00) or by imprisonment for not more than ten (10) days; for a
second such conviction within one (1) year thereafter such person shall be
punished by a fine of not more than Two Hundred Dollars ($200.00) or by
imprisonment for not more than twenty (20) days or by both such fine and
imprisonment; upon a third or subsequent conviction within one (1) year after
the first conviction such person shall be punished by a fine of not more than
Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6)
months or by both such fine and imprisonment.
(3) (a) Whenever a person not covered under Section 63-1-55 is charged with a misdemeanor violation of any of the provisions of Chapter 3, 5 or 7 of this title, the person shall be eligible to participate in not less than four (4) hours of a traffic safety violator course and thereby have no record of the violation on the person's driving record if the person meets all the following conditions:
(i) The defendant has a valid Mississippi driver's license or permit.
(ii) The defendant has not had a conviction of a violation under Chapter 3, 5 or 7 of this title within three (3) years before the current offense; any conviction entered before October 1, 2002, does not constitute a prior offense for the purposes of this subsection (3).
(iii) The defendant's public and nonpublic driving record as maintained by the Department of Public Safety does not indicate successful completion of a traffic safety violator course under this section in the three-year period before the offense.
(iv) The defendant files an affidavit with the court stating that this is the defendant's first conviction in more than three (3) years or since October 1, 2002, whichever is the lesser period of time; the defendant is not in the process of taking a course under this section; and the defendant has not completed a course under this section that is not yet reflected on the defendant's public or nonpublic driving record.
(v) The offense charged is for a misdemeanor offense under Chapter 3, 5 or 7 of this title.
(vi) The defendant pays the applicable fine, costs and any assessments required by law to be paid upon conviction of such an offense.
(vii) The defendant pays to the court an additional fee of Ten Dollars ($10.00) to elect to proceed under the provisions of this subsection (3).
(b) (i) 1. An eligible defendant may enter a plea of nolo contendere or guilty in person or in writing and present to the court, in person or by mail postmarked on or before the appearance date on the citation, an oral or written request to participate in a course under this subsection (3).
2. The court shall withhold acceptance of the plea and defer sentencing in order to allow the eligible defendant ninety (90) days to successfully complete not less than four (4) hours of a court-approved traffic safety violator course at the cost of the defendant. Upon proof of successful completion entered with the court, the court shall dismiss the prosecution and direct that the case be closed. The only record maintained thereafter shall be the nonpublic record required under Section 63-9-17 solely for use by the courts in determining eligibility under this subsection (3).
(ii) If a person pleads not guilty to a misdemeanor offense under any of the provisions of Chapter 3, 5 or 7 of this title but is convicted, and the person meets all the requirements under paragraph (a) of this subsection, upon request of the defendant the court shall suspend the sentence for such offense to allow the defendant forty-five (45) days to successfully complete not less than four (4) hours of a court-approved traffic safety violator course at his own cost. Upon successful completion by the defendant of the course, the court shall set the conviction aside, dismiss the prosecution and direct that the case be closed. The court on its own motion shall expunge the record of the conviction, and the only record maintained thereafter shall be the nonpublic record required under Section 63-9-17 solely for use by the courts in determining an offender's eligibility under this subsection (3).
(c) An out-of-state resident shall be allowed to complete a substantially similar program in his home state, province or country provided the requirements of this subsection (3) are met, except that the necessary valid driver's license or permit shall be one issued by the home jurisdiction.
(d) A court shall not approve a traffic safety violator course under this subsection (3) that does not supply at least four (4) hours of instruction, an instructor's manual setting forth an appropriate curriculum, student workbooks, some scientifically verifiable analysis of the effectiveness of the curriculum and provide minimum qualifications for instructors.
(e) A court shall inform a defendant making inquiry or entering a personal appearance of the provisions of this subsection (3).
(f) The Department of Public Safety shall cause notice of the provisions of this subsection (3) to be available on its official web site.
(g) Failure of a defendant to elect to come under the provisions of this subsection (3) for whatever reason, in and of itself, shall not invalidate a conviction.
(h) No employee of the sentencing court shall personally benefit from a defendant's attendance of a traffic safety violator course. Violation of this prohibition shall result in termination of employment.
(i) The additional fee of Ten Dollars ($10.00) imposed under this subsection (3) shall be forwarded by the court clerk to the State Treasurer for deposit into a special fund created in the State Treasury. Monies in the special fund may be expended by the Department of Public Safety, upon legislative appropriation, to defray the costs incurred by the department in maintaining the nonpublic record of persons who are eligible for participation under the provisions of this subsection (3).
(4) The provisions of subsection (3) of this section shall not be applicable to violation of any of the provisions of Chapter 3, 5 or 7 of this title committed by the holder of a commercial driver's license issued under the Mississippi Commercial Driver's License Law, regardless of whether the violation occurred while operating a commercial motor vehicle or some other motor vehicle.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.
