1997 Regular Session
By: Representative Guice
House Bill 161
AN ACT TO AMEND SECTION 63-9-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON CHARGED WITH A MOVING TRAFFIC VIOLATION, UPON MEETING CERTAIN CONDITIONS, MAY BE GRANTED ONE REQUEST DURING A THREE-YEAR PERIOD TO PREVENT A RECORD OF CONVICTION FOR THE VIOLATION FROM BEING ENTERED UPON ANY RECORDS OR REPORTS THAT ARE AVAILABLE FOR PUBLIC INSPECTION; TO PROVIDE THAT RECORDS AND REPORTS OF MOVING TRAFFIC VIOLATIONS FOR WHICH REQUESTS FOR NONDISCLOSURE ARE GRANTED SHALL BE CONFIDENTIAL AND SHALL NOT BE AVAILABLE FOR INSPECTION BY THE GENERAL PUBLIC, INCLUDING INSURANCE COMPANIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-9-17, Mississippi Code of 1972, is amended as follows:
63-9-17. (1) Every court shall keep a full record of the proceedings of every case in which a person is charged with any violation of law regulating the operation of vehicles on the highways, streets or roads of this state.
(2) Unless otherwise sooner required by law, within forty-five (45) days after the conviction of a person upon a charge of violating any law regulating the operation of vehicles on the highways, streets or roads of this state, every clerk of the court in which such conviction was had shall prepare and immediately forward to the Department of Public Safety an abstract of the record of the court covering the case in which the person was so convicted, which abstract must be certified by the person so authorized to prepare the abstract to be true and correct.
(3) The abstract must be made upon a form approved by the Department of Public Safety, and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, and if the fine was satisfied by prepayment or appearance bond forfeiture, and the amount of the fine or forfeiture, as the case may be.
(4) Every clerk of the court shall also forward a like report to the Department of Public Safety upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.
(5) The failure by refusal or neglect of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal therefrom.
(6) The Department of Public Safety shall keep copies of all abstracts received hereunder for a period of three (3) years at its main office and, except as provided in subsection (7) of this section, such abstracts and records shall be open to public inspection during reasonable business hours.
(7) (a) A person charged with a moving traffic violation, except a violation under the Mississippi Implied Consent Law, may request, in writing, at the time of conviction, and upon payment of all applicable fines, fees, assessments and other costs, that the conviction not be entered upon any records or reports that are available for public inspection. For the purpose of this subsection, the term "conviction" includes a plea of guilty and a plea of nolo contendere or no contest.
(b) A request for nondisclosure of a moving traffic violation under paragraph (a) of this subsection shall be granted by the court if: (i) The violator is not delinquent in the payment of any fines, fees, assessments or costs for a previous conviction under the laws of this state; and (ii) the violator has not been granted a previous request for nondisclosure under this subsection within three (3) years.
(c) The Department of Public Safety shall prepare such forms as may be appropriate for persons to use in making a request for nondisclosure under the provisions of this subsection and shall make such forms available to the clerks of the municipal, justice, county and circuit courts in this state.
(d) Records and reports of moving traffic violations for which nondisclosure is authorized under this subsection are the property of the agency filing the citation, affidavit or complaint, of the court and of the Department of Public Safety, are confidential and exempt from disclosure under the Mississippi Public Records Act of 1983 and shall not be available for inspection by the general public, including insurance companies. The requirement of confidentiality established by this subsection may not be waived by an offender for any purpose.
SECTION 2. This act shall take effect and be in force from and after July 1, 1997.