Counties and Municipalities; clarify use of manually operated automated recording equipment to enforce certain traffic violations.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Blackwell

HOUSE BILL NO. 1104

AN ACT TO AMEND SECTION 17-25-19, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT IF THE GOVERNING AUTHORITY OF ANY COUNTY OR 2
MUNICIPALITY UTILIZES MANUALLY OPERATED AUTOMATED RECORDING 3
EQUIPMENT OR SYSTEM, THEN THERE MUST BE POSITIVE VERIFICATION OF 4
THE DRIVER TO ENFORCE COMPLIANCE WITH OR TO IMPOSE OR COLLECT ANY 5
FINE, FEES OR PENALTY FOR VIOLATION OF ANY TRAFFIC LAWS, RULES OR 6
REGULATIONS ON ANY PUBLIC STREET, ROAD OR HIGHWAY WITHIN THIS 7
STATE; TO DEFINE THE TERM "MANUALLY OPERATED AUTOMATED RECORDING 8
EQUIPMENT OR SYSTEM"; TO AMEND SECTION 63-9-37, MISSISSIPPI CODE 9
OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED 10
PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 17-25-19, Mississippi Code of 1972, is 13
amended as follows: 14
17-25-19. (1) (a) Neither the board of supervisors of any 15
county nor the governing authority of any municipality shall 16
adopt, enact or enforce any ordinance authorizing the use of 17
automated recording equipment or system to enforce compliance with 18
traffic signals, traffic speeds or other traffic laws, rules or 19
regulations on any public street, road or highway within this 20
state or to impose or collect any civil or criminal fine, fee or 21
penalty for any such violation. 22
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(b) Any county or municipality using automated 23
recording equipment or system shall remove the equipment or system 24
before October 1, 2009. 25
(c) To help ensure constitutional due process for 26
alleged traffic violators, if manually operated automated 27
recording equipment or system is utilized by a law enforcement 28
officer, then such officer shall prove and, at the time of the 29
incident, positively verify who was operating a vehicle to enforce 30
compliance with traffic signals, traffic speeds or other moving 31
violation traffic laws, rules or regulations on any public street, 32
road or highway within this state or to impose or collect any 33
civil or criminal fine, fee or penalty for any such violation. 34
(2) For the purposes of this section, the terms: 35
(a) "Automated recording equipment or system" means a 36
camera or optical device installed to work in conjunction with a 37
traffic control signal or radar speed detection equipment, or 38
both, and designed to record images that depict the license plate 39
attached to the rear of a motor vehicle that is not operated in 40
compliance with instructions of the traffic control signal or the 41
posted speed limit. 42
(b) "Manually operated automated recording equipment or 43
system" means a camera or optical device that is hand held by a 44
law enforcement officer to work in conjunction with a traffic 45
control signal or radar speed detection equipment, or both, and 46
designed to record images that depict the license plate attached 47
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ST: Counties and Municipalities; clarify use of
manually operated automated recording equipment
to enforce certain traffic violations.
to the rear of a motor vehicle that is not operated in compliance 48
with instructions of the traffic control signal or the posted 49
speed limit. 50
SECTION 2. Section 63-9-37, Mississippi Code of 1972, is 51
amended as follows: 52
63-9-37. The Mississippi Department of Public Safety shall 53
only recognize any civil or criminal fine, fee, citation or 54
penalty for a violation of compliance with traffic signals, 55
traffic speeds or other traffic laws, rules or regulations in 56
another state that results from the use of automated recording 57
equipment or system or the use of manually operated automated 58
recording equipment or system as defined under Section 17-25-19 if 59
that state is a member of the Driver License Compact as provided 60
under Section 63-1-103. Further, the Mississippi Department of 61
Public Safety shall not suspend the driver's license of a person 62
for failure to pay any civil or criminal fine, fee, citation or 63
penalty for such a violation unless the state that is due the 64
fine, fee, citation or penalty is a member of the Driver License 65
Compact. 66
SECTION 3. This act shall take effect and be in force from 67
and after its passage. 68