MS Heroes Support Fund; authorize optional speeding fine for deposit.

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To: Judiciary B;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Grady, Keen

HOUSE BILL NO. 1233

AN ACT TO CREATE "THE MISSISSIPPI HEROES SUPPORT FUND ACT"; 1
TO AUTHORIZE SOURCES OF MONEY FOR DEPOSIT INTO THE FUND; TO 2
PROVIDE THAT CERTAIN MONIES FROM FIRST TIME SPEEDING VIOLATORS MAY 3
BE DEPOSITED INTO THE FUND; TO AUTHORIZE THE COMMISSIONER OF THE 4
DEPARTMENT OF PUBLIC SAFETY TO ADMINISTER THE FUND; TO AUTHORIZE 5
AN ANNUAL DISTRIBUTION OF THE FUND TO ALL FULL-TIME, CERTIFIED LAW 6
ENFORCEMENT OFFICERS WHO HAVE COMPLETED AT LEAST ONE YEAR OF 7
SERVICE WITH A LAW ENFORCEMENT AGENCY IN THE STATE OF MISSISSIPPI; 8
TO REQUIRE ALL MUNICIPAL, COUNTY AND STATE LAW ENFORCEMENT 9
OFFICERS TO RECEIVE ACCREDITATION FROM THE MISSISSIPPI LAW 10
ENFORCEMENT ACCREDITATION COMMISSION BY A CERTAIN DATE; TO AMEND 11
SECTION 63-9-11, MISSISSIPPI CODE OF 1972, TO REVISE THE PROVISION 12
OF LAW THAT PROVIDES PENALTIES FOR TRAFFIC VIOLATIONS TO CONFORM 13
TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES. 14
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 15
SECTION 1. This act shall be known and may be cited as "The 16
Mississippi Heroes Support Fund Act". 17
SECTION 2. For purposes of this act, the following terms 18
shall have the meanings described herein: 19
(a) "Accredited" means accreditation issued to a 20
municipal, county or state law enforcement agency by the 21
Mississippi Law Enforcement Accreditation Commission. 22
(b) "Full-time certified law enforcement officer" has 23
the meaning provided in Section 45-6-11. 24
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(c) "Good standing" means as of October 1 of any year 25
in which distribution of the Mississippi Heroes Support Fund 26
occurs, the certified law enforcement officer is not suspended or 27
under a reprimand, has not been suspended or reprimanded within 28
the previous twelve (12) months, or has not had his or her 29
certification recalled or cancelled within the previous twelve 30
(12) months. 31
SECTION 3. [Until January 1, 2030, the following section 32
shall read, as follows:] 33
(1) (a) The Mississippi Heroes Support Fund is hereby 34
created in the State Treasury as a special fund. The 35
administration and regulation of the fund shall be vested in the 36
Commissioner of the Department of Public Safety. The fund shall 37
consist of: 38
(i) All monies received from speeding violations 39
as described in paragraph (b) of this subsection; 40
(ii) Donations to the fund from any source; and 41
(iii) Any interest accruing to the fund. 42
(b) Upon a first-time conviction for a speeding 43
violation, the violator shall pay the fine provided in Section 44
63-9-11 or choose to pay an additional One Hundred Dollar 45
($100.00) fine to have the conviction dismissed and the additional 46
One Hundred Dollar ($100.00) fine deposited to the Mississippi 47
Heroes Support Fund. 48
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(2) By October 1 of each year, each municipal, county and 49
state law enforcement agency shall provide the Commissioner of the 50
Department of Public Safety with a list of all full-time certified 51
law enforcement officers who have completed at least one (1) year 52
of full-time service with the agency, is a current employee with 53
the agency and is otherwise in good standing with the agency. By 54
December 31 of each year, the Commissioner of the Department of 55
Public Safety shall evenly distribute all monies in the fund to 56
any certified law enforcement officer who has completed at least 57
one (1) year of full-time service with a law enforcement agency, 58
is working as a full-time certified law enforcement officer at the 59
time of distribution of the fund and is otherwise in good standing 60
with his or her law enforcement agency. 61
(3) The Mississippi Heroes Support Fund is created as a 62
special fund in the State Treasury. Monies in the fund shall not 63
lapse into the State General Fund at the end of the fiscal year, 64
and all interest and other earnings on the monies in the 65
Mississippi Heroes Support Fund shall be deposited to the credit 66
of the fund. 67
(4) All law enforcement agencies who seek to receive funds 68
from the Mississippi Heroes Support Fund shall be accredited by 69
the Mississippi Law Enforcement Accreditation Commission by 70
December 31, 2029. 71
[From and after January 1, 2030, the following section shall 72
read, as follows:] 73
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(1) (a) The Mississippi Heroes Support Fund is hereby 74
created in the State Treasury as a special fund. The 75
administration and regulation of the fund shall be vested in the 76
Commissioner of the Department of Public Safety. The fund shall 77
consist of: 78
(i) All monies received from speeding violations 79
as described in paragraph (b) of this subsection; 80
(ii) Donations to the fund from any source; and 81
(iii) Any interest accruing to the fund. 82
(b) Upon a first-time conviction for a speeding 83
violation, the violator shall pay the fine provided in Section 84
63-9-11 or choose to pay an additional One Hundred Dollar 85
($100.00) fine to have the conviction dismissed and the additional 86
One Hundred Dollar ($100.00) fine deposited to the Mississippi 87
Heroes Support Fund. 88
(2) (a) By October 1 of each year, each municipal, county 89
and state law enforcement agency accredited by the Mississippi Law 90
Enforcement Accreditation Commission shall provide the 91
Commissioner of the Department of Public Safety with a list of all 92
full-time certified law enforcement officers that have completed 93
at least one (1) year of full-time service with the agency, is a 94
current employee with the agency and is otherwise in good standing 95
with the agency. By December 31 of each year, the Commissioner of 96
the Department of Public Safety shall evenly distribute all monies 97
in the fund to any certified law enforcement officer who has 98
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completed at least one (1) year of full-time service, is working 99
as a full-time certified law enforcement officer with an 100
accredited law enforcement agency and is otherwise in good 101
standing with his or her accredited law enforcement agency. 102
(b) The payments from the Mississippi Heroes Support 103
Fund shall only be awarded to officers employed by full-time law 104
enforcement agencies accredited by the Mississippi Law Enforcement 105
Accreditation Commission. The monies from the Mississippi Heroes 106
Support Fund shall only be provided to law enforcement officers 107
who are employed by a law enforcement agency accredited by the 108
Mississippi Law Enforcement Accreditation Commission. 109
(2) The Mississippi Heroes Support Fund is created as a 110
special fund in the State Treasury. Monies in the fund shall not 111
lapse into the State General Fund at the end of the fiscal year, 112
and all interest and other earnings on the monies in the 113
Mississippi Heroes Support Fund shall be deposited to the credit 114
of the fund. 115
SECTION 4. Section 63-9-11, Mississippi Code of 1972, is 116
amended as follows: 117
63-9-11. (1) It is a misdemeanor for any person to violate 118
any of the provisions of Chapter 3, 5 or 7 of this title, unless 119
such violation is by such chapters or other law of this state 120
declared to be a felony. 121
(2) * * * Except as otherwise provided in this act, every 122
person convicted of a misdemeanor for a violation of any of the 123
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provisions of such chapters for which another penalty is not 124
provided shall for first conviction thereof be punished by a fine 125
of not more than One Hundred Dollars ($100.00) or by imprisonment 126
for not more than ten (10) days; for a second such conviction 127
within one (1) year thereafter such person shall be punished by a 128
fine of not more than Two Hundred Dollars ($200.00) or by 129
imprisonment for not more than twenty (20) days or by both such 130
fine and imprisonment; upon a third or subsequent conviction 131
within one (1) year after the first conviction such person shall 132
be punished by a fine of not more than Five Hundred Dollars 133
($500.00) or by imprisonment for not more than six (6) months or 134
by both such fine and imprisonment. 135
(3) (a) Whenever a person not covered under Section 63-1-55 136
is charged with a misdemeanor violation of any of the provisions 137
of Chapter 3, 5 or 7 of this title, the person shall be eligible 138
to participate in not less than four (4) hours of a traffic safety 139
violator course and thereby have no record of the violation on the 140
person's driving record if the person meets all the following 141
conditions: 142
(i) The defendant has a valid Mississippi driver's 143
license or permit. 144
(ii) The defendant has not had a conviction of a 145
violation under Chapter 3, 5 or 7 of this title within three (3) 146
years before the current offense; any conviction entered before 147
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October 1, 2002, does not constitute a prior offense for the 148
purposes of this subsection (3). 149
(iii) The defendant's public and nonpublic driving 150
record as maintained by the Department of Public Safety does not 151
indicate successful completion of a traffic safety violator course 152
under this section in the three-year period before the offense. 153
(iv) The defendant files an affidavit with the 154
court stating that this is the defendant's first conviction in 155
more than three (3) years or since October 1, 2002, whichever is 156
the lesser period of time; the defendant is not in the process of 157
taking a course under this section; and the defendant has not 158
completed a course under this section that is not yet reflected on 159
the defendant's public or nonpublic driving record. 160
(v) The offense charged is for a misdemeanor 161
offense under Chapter 3, 5 or 7 of this title. 162
(vi) The defendant pays the applicable fine, costs 163
and any assessments required by law to be paid upon conviction of 164
such an offense. 165
(vii) The defendant pays to the court an 166
additional fee of Ten Dollars ($10.00) to elect to proceed under 167
the provisions of this subsection (3). 168
(b) (i) 1. An eligible defendant may enter a plea of 169
nolo contendere or guilty in person or in writing and present to 170
the court, in person or by mail postmarked on or before the 171
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appearance date on the citation, an oral or written request to 172
participate in a course under this subsection (3). 173
2. The court shall withhold acceptance of the 174
plea and defer sentencing in order to allow the eligible defendant 175
ninety (90) days to successfully complete not less than four (4) 176
hours of a court-approved traffic safety violator course at the 177
cost of the defendant. Upon proof of successful completion 178
entered with the court, the court shall dismiss the prosecution 179
and direct that the case be closed. The only record maintained 180
thereafter shall be the nonpublic record required under Section 181
63-9-17 solely for use by the courts in determining eligibility 182
under this subsection (3). 183
(ii) If a person pleads not guilty to a 184
misdemeanor offense under any of the provisions of Chapter 3, 5 or 185
7 of this title but is convicted, and the person meets all the 186
requirements under paragraph (a) of this subsection, upon request 187
of the defendant the court shall suspend the sentence for such 188
offense to allow the defendant forty-five (45) days to 189
successfully complete not less than four (4) hours of a 190
court-approved traffic safety violator course at his own cost. 191
Upon successful completion by the defendant of the course, the 192
court shall set the conviction aside, dismiss the prosecution and 193
direct that the case be closed. The court on its own motion shall 194
expunge the record of the conviction, and the only record 195
maintained thereafter shall be the nonpublic record required under 196
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Section 63-9-17 solely for use by the courts in determining an 197
offender's eligibility under this subsection (3). 198
(c) An out-of-state resident shall be allowed to 199
complete a substantially similar program in his home state, 200
province or country provided the requirements of this subsection 201
(3) are met, except that the necessary valid driver's license or 202
permit shall be one issued by the home jurisdiction. 203
(d) A court shall not approve a traffic safety violator 204
course under this subsection (3) that does not supply at least 205
four (4) hours of instruction, an instructor's manual setting 206
forth an appropriate curriculum, student workbooks, some 207
scientifically verifiable analysis of the effectiveness of the 208
curriculum and provide minimum qualifications for instructors. 209
(e) A court shall inform a defendant making inquiry or 210
entering a personal appearance of the provisions of this 211
subsection (3). 212
(f) The Department of Public Safety shall cause notice 213
of the provisions of this subsection (3) to be available on its 214
official web site. 215
(g) Failure of a defendant to elect to come under the 216
provisions of this subsection (3) for whatever reason, in and of 217
itself, shall not invalidate a conviction. 218
(h) No employee of the sentencing court shall 219
personally benefit from a defendant's attendance of a traffic 220
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ST: MS Heroes Support Fund; authorize optional
speeding fine for deposit.
safety violator course. Violation of this prohibition shall 221
result in termination of employment. 222
(i) The additional fee of Ten Dollars ($10.00) imposed 223
under this subsection (3) shall be forwarded by the court clerk to 224
the State Treasurer for deposit into a special fund created in the 225
State Treasury. Monies in the special fund may be expended by the 226
Department of Public Safety, upon legislative appropriation, to 227
defray the costs incurred by the department in maintaining the 228
nonpublic record of persons who are eligible for participation 229
under the provisions of this subsection (3). 230
(4) The provisions of subsection (3) of this section shall 231
not be applicable to violation of any of the provisions of Chapter 232
3, 5 or 7 of this title committed by the holder of a commercial 233
driver's license issued under the Mississippi Commercial Driver's 234
License Law, regardless of whether the violation occurred while 235
operating a commercial motor vehicle or some other motor vehicle. 236
SECTION 5. This act shall take effect and be in force from 237
and after July 1, 2026. 238