House Bill 619

AN ACT TO AMEND SECTIONS 17-25-19 AND 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY, IN ITS DISCRETION, TO ADOPT, ENACT OR ENFORCE ANY ORDINANCE AUTHORIZING THE USE OF RADAR SPEED DETECTION EQUIPMENT BY THE COUNTY SHERIFF'S DEPARTMENT; 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) Except as otherwise provided in subsection (3) of this section for counties, 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.

(2) For the purposes of this section, the term "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.

(3) The board of supervisors of any county, in its discretion, may adopt, enact or enforce any ordinance authorizing the use of radar speed detection equipment by the county sheriff's department. If any board of supervisors chooses to adopt, enact or enforce any ordinance authorizing the use of radar equipment, then such ordinance shall be approved by a majority of all the members of the county board of supervisors and spread on its minutes.

SECTION 2. Section 63-3-519, Mississippi Code of 1972, is amended as follows:

63-3-519. (1) Except as otherwise provided in subsection (2) of this section, 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:

( * * *1a) By municipal law enforcement officers within a municipality having a population of two thousand (2,000) or more upon the public streets of the municipality;

( * * *2b) By any college or university campus police force within the confines of any campus wherein more than two thousand (2,000) students are enrolled;

( * * *3c) 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.

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 census.

(2) The board of supervisors of any county, in its discretion, may adopt, enact or enforce any ordinance authorizing the use of radar speed detection equipment by the county sheriff's department. If any board of supervisors chooses to adopt, enact or enforce any ordinance authorizing the use of radar equipment, then such ordinance shall be approved by a majority of all the members of the county board of supervisors and spread on its minutes.

SECTION 3. This act shall take effect and be in force from and after July 1, 2014.