| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary B By: Representative Massengill House Bill 528 AN ACT TO AMEND SECTION 17-25-19, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF AUTOMATED RECORDING EQUIPMENT OR AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS FOR THE PURPOSE OF ENFORCING COMPLIANCE WITH TRAFFIC SIGNALS, TRAFFIC SPEEDS OR OTHER TRAFFIC LAWS, RULES OR REGULATIONS, INCLUDING MOTOR VEHICLE LIABILITY RESPONSIBILITY, ON THE PUBLIC ROADWAY WITHIN THIS STATE; TO PROVIDE THAT ENFORCEMENT OF TRAFFIC LAWS OF THE STATE SHALL ONLY BE EFFECTUATED BY SWORN LAW ENFORCEMENT OFFICERS ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT WITH A LOCAL LAW ENFORCEMENT AGENCY; TO REQUIRE LOCAL JURISDICTIONS USING AUTOMATED RECORDING EQUIPMENT OR AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS TO REMOVE THE EQUIPMENT OR SYSTEM BEFORE JULY 1, 2025; TO PROVIDE FOR AN EXCEPTION TO THE USE OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS BY LOCAL LAW ENFORCEMENT AGENCIES, AND THE CONDITIONS AND PURPOSE FOR WHICH THEY MAY BE USED; TO PERMIT COUNTY AND MUNICIPAL GOVERNING AUTHORITIES TO ADOPT, ENACT OR ENFORCE ANY ORDINANCE AUTHORIZING THE USE OF MOBILE AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS MOUNTED ON A LAW ENFORCEMENT VEHICLE AND WHICH ARE WHOLLY OWNED AND OPERATED BY THE LAW ENFORCEMENT AGENCY FOR OFFICIAL LAW ENFORCEMENT PURPOSES; TO PROVIDE THAT A POSITIVE MATCH BY AN AUTOMATED LICENSE PLATE RECOGNITION SYSTEM ALONE DOES NOT CONSTITUTE REASONABLE SUSPICION, WHICH AMOUNTS TO PROBABLE CAUSE, AS GROUNDS FOR A LAW ENFORCEMENT OFFICER TO STOP A VEHICLE; TO REQUIRE LAW ENFORCEMENT AGENCIES TO UPDATE THE SYSTEM EVERY 24 HOURS IF AN UPDATE IS AVAILABLE OR AS SOON AS PRACTICABLE AFTER AN UPDATE BECOMES AVAILABLE; TO DEFINE CERTAIN TERMS FOR PURPOSES OF CLARIFYING ANY AMBIGUITIES IN INTERPRETATION; 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 (2), 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 or automated license plate recognition systems to enforce compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations, including motor vehicle liability responsibility, 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. Enforcement of compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations, including motor vehicle liability responsibility, upon the public roadways of within this state shall only be effectuated by sworn law enforcement officers acting within the scope of their employment with local law enforcement agencies subject to the jurisdiction of local county or municipal governing authorities. (b) Any county or municipality using automated recording equipment or system or automated license plate recognition systems shall remove the equipment or system before * * *October 1, 2009 July 1, 2025. (2) The board of supervisors of any county or the governing authority of any municipality may adopt, enact or enforce any ordinance authorizing the use of mobile automated license plate recognition systems, which are mounted on a law enforcement vehicle, and which such systems are wholly owned and operated by the law enforcement agency within the jurisdiction authorizing such use, to enforce compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations, including motor vehicle liability responsibility, on any public street, road or highway within this state. Local law enforcement may use automated license plate recognition systems, if the following requirements are met: (a) The local governing authority and local law enforcement agency that uses an automated license plate recognition system shall adopt and publicize a written policy governing its use before the system is operational, which said policy must address the following: (i) Use of any database to compare data obtained by the automated license plate recognition system; (ii) Retention of data associated with the automated license plate recognition system; (iii) Sharing of the data with another law enforcement agency; (iv) Training of law enforcement officers and law enforcement agency operators in the use of automated license plate recognition system and data obtained from its use; (v) Supervisory oversight of automated license plate recognition system use; (vi) Access to and security of data; (vii) Access to data obtained by automated license plate recognition systems not operated by the law enforcement agency; and (viii) Any other subjects related to automated license plate recognition system use by the law enforcement agency; (b) At least once every year, the law enforcement agency shall audit its automated license plate recognition system use and effectiveness and report the findings to the chief law enforcement officer of the law enforcement agency responsible for operating the system; (c) Data obtained by a law enforcement agency in accordance with this subsection must be obtained, accessed, preserved or disclosed only for law enforcement or criminal justice purposes; and (d) A law enforcement agency that uses an automated license plate recognition system shall: (i) Maintain a record of users who access automated license plate recognition system data. The record must be maintained indefinitely; and (ii) Keep system maintenance and calibration schedules and records on file. (3) Operation of an automated license plate recognition system by a law enforcement agency and access to data collected by an automated license plate recognition system operated by a law enforcement agency must be for official law enforcement purposes only. In addition to the uses specified in subsection (2), automated license plate recognition system may be used by a law enforcement agency only to scan, detect and identify a license plate number for the purpose of identifying a vehicle that is: (a) Stolen; (b) Associated with a wanted, missing or endangered person; (c) Registered to a person against whom there is an outstanding warrant; (d) In violation of commercial trucking requirements; (e) Involved in case-specific criminal investigative surveillance; (f) Involved in a homicide, shooting or other major crime or incident; or (g) In the vicinity of a recent crime and may be connected to that crime. (4) A positive match by an automated license plate recognition system alone does not constitute reasonable suspicion, which amounts to probable cause, as grounds for a law enforcement officer to stop a vehicle. The officer shall: (a) Develop independent reasonable suspicion for the stop; or (b) Immediately confirm visually that the license plate on a vehicle matches the image of the license plate displayed on the automated license plate recognition system and confirm by other means that the license plate number meets one (1) of the criteria specified in subsection (3). (5) A law enforcement agency that uses an automated license plate recognition system in accordance with this section shall update the system from the databases specified pursuant to subsection (2)(a) every twenty-four (24) hours if an update is available or as soon as practicable after an update becomes available. ( * * *26) (a) 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. (b) For the purposes of this section, the term "automated license plate recognition systems" means a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to record, capture and convert images of license plates, attached to the front and/or rear of a motor vehicle, into computer-readable data for the purpose determining compliance with instructions of the traffic-control signal, posted speed limit or other traffic laws, rules or regulations. (c) For purposes of this section, the term "other traffic laws, rules or regulations" means any required stipulation enacted by law or promulgated in administrative regulation applicable to the legal and safe operation of motor vehicles upon the public streets, roads or highways within this state. The term includes compliance with: (i) Traffic-control devices, traffic-control signal or railroad sign or signal, as defined in Section 63-3-133; (ii) Speed limits; (iii) Posted traffic and warning signage; (iv) Requirements of the "Mississippi Motor Vehicle Safety Responsibility Law," under Chapter 15, Title 63, Mississippi Code of 1972; and (v) Any other provisions of Chapter 3, Title 63, Mississippi pertinent to the "Rules of the Road" and obedience to and effects of traffic laws contained therein, by which failure to adhere constitutes a traffic violation punishable by a civil or criminal fine, fee or penalty, or both civil and criminal fine, fee or penalty. SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary B |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Massengill |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 528 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTION 17-25-19, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF AUTOMATED RECORDING EQUIPMENT OR AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS FOR THE PURPOSE OF ENFORCING COMPLIANCE WITH TRAFFIC SIGNALS, TRAFFIC SPEEDS OR OTHER TRAFFIC LAWS, RULES OR REGULATIONS, INCLUDING MOTOR VEHICLE LIABILITY RESPONSIBILITY, ON THE PUBLIC ROADWAY WITHIN THIS STATE; TO PROVIDE THAT ENFORCEMENT OF TRAFFIC LAWS OF THE STATE SHALL ONLY BE EFFECTUATED BY SWORN LAW ENFORCEMENT OFFICERS ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT WITH A LOCAL LAW ENFORCEMENT AGENCY; TO REQUIRE LOCAL JURISDICTIONS USING AUTOMATED RECORDING EQUIPMENT OR AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS TO REMOVE THE EQUIPMENT OR SYSTEM BEFORE JULY 1, 2025; TO PROVIDE FOR AN EXCEPTION TO THE USE OF AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS BY LOCAL LAW ENFORCEMENT AGENCIES, AND THE CONDITIONS AND PURPOSE FOR WHICH THEY MAY BE USED; TO PERMIT COUNTY AND MUNICIPAL GOVERNING AUTHORITIES TO ADOPT, ENACT OR ENFORCE ANY ORDINANCE AUTHORIZING THE USE OF MOBILE AUTOMATED LICENSE PLATE RECOGNITION SYSTEMS MOUNTED ON A LAW ENFORCEMENT VEHICLE AND WHICH ARE WHOLLY OWNED AND OPERATED BY THE LAW ENFORCEMENT AGENCY FOR OFFICIAL LAW ENFORCEMENT PURPOSES; TO PROVIDE THAT A POSITIVE MATCH BY AN AUTOMATED LICENSE PLATE RECOGNITION SYSTEM ALONE DOES NOT CONSTITUTE REASONABLE SUSPICION, WHICH AMOUNTS TO PROBABLE CAUSE, AS GROUNDS FOR A LAW ENFORCEMENT OFFICER TO STOP A VEHICLE; TO REQUIRE LAW ENFORCEMENT AGENCIES TO UPDATE THE SYSTEM EVERY 24 HOURS IF AN UPDATE IS AVAILABLE OR AS SOON AS PRACTICABLE AFTER AN UPDATE BECOMES AVAILABLE; TO DEFINE CERTAIN TERMS FOR PURPOSES OF CLARIFYING ANY AMBIGUITIES IN INTERPRETATION; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 17-25-19, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 17-25-19. (1) (a) Except as otherwise provided in subsection (2), 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 or automated license plate recognition systems to enforce compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations, including motor vehicle liability responsibility, 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. Enforcement of compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations, including motor vehicle liability responsibility, upon the public roadways of within this state shall only be effectuated by sworn law enforcement officers acting within the scope of their employment with local law enforcement agencies subject to the jurisdiction of local county or municipal governing authorities. |
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| 20 | 20 | | |
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| 21 | 21 | | (b) Any county or municipality using automated recording equipment or system or automated license plate recognition systems shall remove the equipment or system before * * *October 1, 2009 July 1, 2025. |
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| 22 | 22 | | |
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| 23 | 23 | | (2) The board of supervisors of any county or the governing authority of any municipality may adopt, enact or enforce any ordinance authorizing the use of mobile automated license plate recognition systems, which are mounted on a law enforcement vehicle, and which such systems are wholly owned and operated by the law enforcement agency within the jurisdiction authorizing such use, to enforce compliance with traffic signals, traffic speeds or other traffic laws, rules or regulations, including motor vehicle liability responsibility, on any public street, road or highway within this state. Local law enforcement may use automated license plate recognition systems, if the following requirements are met: |
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| 24 | 24 | | |
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| 25 | 25 | | (a) The local governing authority and local law enforcement agency that uses an automated license plate recognition system shall adopt and publicize a written policy governing its use before the system is operational, which said policy must address the following: |
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| 26 | 26 | | |
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| 27 | 27 | | (i) Use of any database to compare data obtained by the automated license plate recognition system; |
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| 28 | 28 | | |
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| 29 | 29 | | (ii) Retention of data associated with the automated license plate recognition system; |
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| 30 | 30 | | |
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| 31 | 31 | | (iii) Sharing of the data with another law enforcement agency; |
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| 32 | 32 | | |
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| 33 | 33 | | (iv) Training of law enforcement officers and law enforcement agency operators in the use of automated license plate recognition system and data obtained from its use; |
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| 34 | 34 | | |
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| 35 | 35 | | (v) Supervisory oversight of automated license plate recognition system use; |
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| 36 | 36 | | |
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| 37 | 37 | | (vi) Access to and security of data; |
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| 38 | 38 | | |
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| 39 | 39 | | (vii) Access to data obtained by automated license plate recognition systems not operated by the law enforcement agency; and |
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| 40 | 40 | | |
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| 41 | 41 | | (viii) Any other subjects related to automated license plate recognition system use by the law enforcement agency; |
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| 42 | 42 | | |
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| 43 | 43 | | (b) At least once every year, the law enforcement agency shall audit its automated license plate recognition system use and effectiveness and report the findings to the chief law enforcement officer of the law enforcement agency responsible for operating the system; |
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| 44 | 44 | | |
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| 45 | 45 | | (c) Data obtained by a law enforcement agency in accordance with this subsection must be obtained, accessed, preserved or disclosed only for law enforcement or criminal justice purposes; and |
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| 46 | 46 | | |
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| 47 | 47 | | (d) A law enforcement agency that uses an automated license plate recognition system shall: |
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| 48 | 48 | | |
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| 49 | 49 | | (i) Maintain a record of users who access automated license plate recognition system data. The record must be maintained indefinitely; and |
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| 50 | 50 | | |
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| 51 | 51 | | (ii) Keep system maintenance and calibration schedules and records on file. |
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| 52 | 52 | | |
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| 53 | 53 | | (3) Operation of an automated license plate recognition system by a law enforcement agency and access to data collected by an automated license plate recognition system operated by a law enforcement agency must be for official law enforcement purposes only. In addition to the uses specified in subsection (2), automated license plate recognition system may be used by a law enforcement agency only to scan, detect and identify a license plate number for the purpose of identifying a vehicle that is: |
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| 54 | 54 | | |
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| 55 | 55 | | (a) Stolen; |
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| 56 | 56 | | |
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| 57 | 57 | | (b) Associated with a wanted, missing or endangered person; |
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| 58 | 58 | | |
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| 59 | 59 | | (c) Registered to a person against whom there is an outstanding warrant; |
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| 60 | 60 | | |
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| 61 | 61 | | (d) In violation of commercial trucking requirements; |
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| 62 | 62 | | |
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| 63 | 63 | | (e) Involved in case-specific criminal investigative surveillance; |
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| 64 | 64 | | |
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| 65 | 65 | | (f) Involved in a homicide, shooting or other major crime or incident; or |
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| 66 | 66 | | |
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| 67 | 67 | | (g) In the vicinity of a recent crime and may be connected to that crime. |
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| 68 | 68 | | |
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| 69 | 69 | | (4) A positive match by an automated license plate recognition system alone does not constitute reasonable suspicion, which amounts to probable cause, as grounds for a law enforcement officer to stop a vehicle. The officer shall: |
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| 70 | 70 | | |
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| 71 | 71 | | (a) Develop independent reasonable suspicion for the stop; or |
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| 72 | 72 | | |
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| 73 | 73 | | (b) Immediately confirm visually that the license plate on a vehicle matches the image of the license plate displayed on the automated license plate recognition system and confirm by other means that the license plate number meets one (1) of the criteria specified in subsection (3). |
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| 74 | 74 | | |
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| 75 | 75 | | (5) A law enforcement agency that uses an automated license plate recognition system in accordance with this section shall update the system from the databases specified pursuant to subsection (2)(a) every twenty-four (24) hours if an update is available or as soon as practicable after an update becomes available. |
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| 76 | 76 | | |
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| 77 | 77 | | ( * * *26) (a) 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. |
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| 78 | 78 | | |
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| 79 | 79 | | (b) For the purposes of this section, the term "automated license plate recognition systems" means a system of one or more mobile or fixed high-speed cameras combined with computer algorithms to record, capture and convert images of license plates, attached to the front and/or rear of a motor vehicle, into computer-readable data for the purpose determining compliance with instructions of the traffic-control signal, posted speed limit or other traffic laws, rules or regulations. |
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| 80 | 80 | | |
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| 81 | 81 | | (c) For purposes of this section, the term "other traffic laws, rules or regulations" means any required stipulation enacted by law or promulgated in administrative regulation applicable to the legal and safe operation of motor vehicles upon the public streets, roads or highways within this state. The term includes compliance with: |
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| 82 | 82 | | |
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| 83 | 83 | | (i) Traffic-control devices, traffic-control signal or railroad sign or signal, as defined in Section 63-3-133; |
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| 84 | 84 | | |
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| 85 | 85 | | (ii) Speed limits; |
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| 86 | 86 | | |
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| 87 | 87 | | (iii) Posted traffic and warning signage; |
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| 88 | 88 | | |
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| 89 | 89 | | (iv) Requirements of the "Mississippi Motor Vehicle Safety Responsibility Law," under Chapter 15, Title 63, Mississippi Code of 1972; and |
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| 90 | 90 | | |
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| 91 | 91 | | (v) Any other provisions of Chapter 3, Title 63, Mississippi pertinent to the "Rules of the Road" and obedience to and effects of traffic laws contained therein, by which failure to adhere constitutes a traffic violation punishable by a civil or criminal fine, fee or penalty, or both civil and criminal fine, fee or penalty. |
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| 92 | 92 | | |
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| 93 | 93 | | SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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