Bill Text: MS HB642 | 2013 | Regular Session | Introduced
Bill Title: Radar; authorize sheriff to use in counties over 70,000 and impose additional state assessment for violation when used.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB642 Detail]
Download: Mississippi-2013-HB642-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Transportation; Judiciary B
By: Representative Martinson
House Bill 642
AN ACT TO AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SHERIFF AND HIS DEPUTIES IN ANY COUNTY HAVING A POPULATION OF 70,000 OR MORE 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 AMEND SECTION 63-9-11, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE FINE THAT MAY BE IMPOSED UPON CONVICTION OF ANY PERSON FOR A MOTOR VEHICLE SPEEDING VIOLATION WHERE A RADAR SPEED DETECTION DEVICE WAS USED AS EVIDENCE OF THE VIOLATION BY A SHERIFF OR DEPUTY SHERIFF IN A COUNTY HAVING A POPULATION OF 70,000 OR MORE; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO IMPOSE AN ADDITIONAL STATE ASSESSMENT UPON PERSONS CONVICTED OF A MOTOR VEHICLE SPEEDING VIOLATION WHERE A RADAR SPEED DETECTION DEVICE WAS USED AS EVIDENCE OF THE VIOLATION BY A SHERIFF OR DEPUTY SHERIFF IN A COUNTY HAVING A POPULATION OF 70,000 OR MORE; TO PRESCRIBE THE MANNER BY WHICH THE AMOUNT OF THE ADDITIONAL ASSESSMENT SHALL BE CALCULATED; TO PROVIDE THAT THE ASSESSMENT SHALL BE DEPOSITED INTO THE STATE GENERAL FUND; 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 * * *
is 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 federal decennial census upon the public
streets of the municipality;
( * * * 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 decennial census on federally
designated highways lying within the corporate limits * * *; or
(d) By the sheriff and deputy sheriffs of any county having a population of seventy thousand (70,000) or more, according to the latest federal decennial census, upon the public streets, roads and highways of the county lying outside of the limits of any incorporated municipality. Any person convicted of a motor vehicle speeding violation where a radar speed detection device was used under this paragraph (d) as evidence of the violation shall be punished as provided in Section 63-9-11(3).
(2) The Mississippi
Highway Safety Patrol * * * shall not set up radar on highways within municipalities with
a population in excess of fifteen thousand (15,000) according to the latest
federal decennial census.
SECTION 2. 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 the violation is declared by * * *
those chapters or
other law of this state declared to be a felony.
(2) Except as otherwise
provided in subsection (3) of this section, every person
convicted of a misdemeanor for a violation of any of the provisions of * * *
the chapters enumerated
in subsection (1), for which another penalty is not provided, shall be
punished as follows: for a first conviction * * *
, 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 * * * conviction within one (1) year * * *
after
the first conviction, 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 * * *
fine and imprisonment; * * *
for a third or
subsequent conviction within one (1) year after the first conviction * * *, 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 * * * fine and imprisonment.
(3) Any person convicted for a motor vehicle speeding violation where a radar speed detection device was used under Section 63-3-519(1)(d) as evidence of the violation shall be punished by a fine in the amount of Ten Dollars ($10.00) or any applicable imprisonment as authorized for the offense under subsection (2) of this section, or both.
( * * *4) (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 * * * (4).
(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 * * * the 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 * * * (4).
(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 * * * (4).
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 * * * (4).
(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 * * * (4).
(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 * * *
(4) 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 * * *
(4) 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 * * * (4).
(f) The Department of
Public Safety shall cause notice of the provisions of this subsection * * *
(4) to be available on
its official website.
(g) Failure of a
defendant to elect to come under the provisions of this subsection * * *
(4) 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 * * * (4) 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 * * *
(4).
( * * *5)
The provisions of subsection * * * (4) of this section shall not be
applicable to a 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 3. Section 99-19-73, as amended by House Bill No. 484, 2012 Regular Session, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund.......................... $ .85
State Prosecutor Education Fund.................... 1.25
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund...... 1.50
Child Support Prosecution Trust Fund............... .30
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)................... 5.45
Emergency Medical Services Operating Fund.......... 20.00
Mississippi Leadership Council on Aging Fund....... 1.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................. .15
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants......... 10.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 2.50
Children's Justice Center Fund..................... 2.21
DuBard School for Language Disorders Fund........... .88
Children's Advocacy Centers Fund
through June 30, 2014......................... 1.91
TOTAL STATE ASSESSMENT through June 30, 2014....... $ 90.50
TOTAL STATE ASSESSMENT
from and after July 1, 2014................... $ 88.59
In addition to the penalties imposed under Section 63-9-11, and the state assessments imposed under paragraph (a) of this subsection, there shall be imposed and collected a state assessment from each person convicted of a motor vehicle speeding violation where a radar speed detection device was used under Section 63-3-519(1)(d) as evidence of the violation. The amount of the additional assessment shall be calculated in the same manner as fines imposed for speeding violations under Section 63-9-11(2) are calculated, and shall be deposited into the State General Fund.
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund...... 1.50
Child Support Prosecution Trust Fund............... .50
Driver Training Penalty Assessment Fund............ 22.00
Law Enforcement Officers Training Fund............. 11.00
Emergency Medical Services Operating Fund.......... 45.00
Mississippi Alcohol Safety Education Program Fund.. 5.00
Federal-State Alcohol Program Fund................. 10.00
Mississippi Crime Laboratory
Implied Consent Law Fund...................... 25.00
Spinal Cord and Head Injury Trust Fund............. 25.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 35.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants......... 10.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Statewide Victims' Information and Notification
System Fund................................... 6.00
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 2.50
TOTAL STATE ASSESSMENT............................. $243.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund...... 1.50
Law Enforcement Officers Training Fund............. 5.00
Hunter Education and Training Program Fund......... 5.00
State General Fund................................. 30.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants......... 10.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 2.50
TOTAL STATE ASSESSMENT............................. $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by at least ten (10) miles per hour but not more than twenty (20) miles per hour $ 10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour $ 20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................. $ 30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving........................................ $ 10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving........................................ $ 10.00
All assessments collected under this subsection shall be deposited into the Mississippi Trauma Care Systems Fund established under Section 41-59-75.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund...... 1.50
Child Support Prosecution Trust Fund............... .50
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 30.00
State Crime Stoppers Fund.......................... 1.50
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants......... 10.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 8.00
Judicial Performance Fund.......................... 2.00
Statewide Victims' Information and Notification
System Fund................................... 6.00
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 2.50
Information Exchange Network Fund.................. 4.00
Motorcycle Officer Training Fund................... .75
TOTAL STATE ASSESSMENT............................. $106.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund...... 1.50
Child Support Prosecution Trust Fund............... .50
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 60.00
Criminal Justice Fund.............................. 50.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants......... 10.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Statewide Victims' Information and Notification
System Fund................................... 6.00
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 2.50
Crime Laboratory DNA Identification System Fund.... 100.00
TOTAL STATE ASSESSMENT............................. $280.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................ $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund...................... $25.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.