Mississippi House Bill 1089

There is proposed legislation to allow the Sheriff’s department to have the use of radar. It may come as a surprise that most Sheriff’s departments do not and are not allowed to use radar speed sensing devices.

The current law is based, in part, on the concern and stigma of speed traps as revenue generators for unincorporated areas.

The propsoed legislation seeks to AMEND SECTION 63-3-519, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY COUNTY SHERIFF OR DEPUTY SHERIFF TO UTILIZE RADAR SPEED DETECTION EQUIPMENT UPON THE APPROVAL OF THE BOARD OF SUPERVISORS; AND FOR RELATED PURPOSES.

  The Current law states;

     63-3-519.  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

…

Proposed, new legislation includes:

          (e)  By any county sheriff or deputy sheriff upon the county roads of their respective county with board of supervisors approval.  Such approval shall be voted on and approved by a majority vote, and the approval shall be spread upon the board minutes of the county.

    …

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2025.

Will this pass? Is this about public safety and protecting and serving? Is this necessary? Or, is this about generating revenue? Will it be abused if passed?

Matthew Thompson is a family law and civil litigation attorney in Mississippi and is keeping an eye on proposed legislation this session.