1998 Regular Session
To: Judiciary B; Transportation
By: Representatives King, Davis, Formby
House Bill 912
AN ACT TO CREATE THE FELONY OF FAILURE TO RESPOND TO A LAW ENFORCEMENT OFFICER'S SIGNAL TO STOP WHEN OPERATING A MOTOR VEHICLE; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO AMEND SECTIONS 63-3-203 AND 63-1-51, MISSISSIPPI CODE OF 1972, TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 63-3-204, Mississippi Code of 1972:
63-3-204. (1) An operator who, having received a visual or audible signal from a law enforcement officer to bring his vehicle to a stop, operates his vehicle in willful or wanton disregard of the signal so as to interfere with or endanger the operation of any vehicle or person, or who attempts to flee or elude a law enforcement officer by vehicle or other means is guilty of a felony. The court shall, as part of any sentence under this subsection, impose a fine of not less than One Thousand Dollars ($1,000.00).
(2) An operator who violates subsection (1) and while so doing causes death or serious bodily injury to another person, under circumstances not amounting to murder or aggravated murder, is guilty of a felony. The court shall, as part of any sentence under this subsection, impose a fine of not less than Five Thousand Dollars ($5,000.00).
(3) (a) In addition to the penalty provided under this section or any other section, an operator who, having received a visual or audible signal from a law enforcement officer to bring his vehicle to a stop, operates his vehicle in willful or wanton disregard of the signal so as to interfere with or endanger the operation of any vehicle or person, or who attempts to flee or elude a law enforcement officer by vehicle or other means, shall have his driver's license revoked for a period of one (1) year.
(b) The court shall collect the driver's license to be revoked and forward it to the Department of Public Safety, along with a report of the conviction. If the court is unable to collect the driver's license, the court shall nevertheless forward the report to the department. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the driver's license but shall notify the department and the department shall notify the appropriate officials in the licensing state.
SECTION 2. Section 63-3-203, Mississippi Code of 1972, is amended as follows:
63-3-203. Except as otherwise provided in Section 63-3-204, no person shall willfully fail or refuse to comply with any lawful order or direction of any law enforcement officer invested by law with authority to direct, control or regulate traffic.
SECTION 3. Section 63-1-51, Mississippi Code of 1972, is amended as follows:
63-1-51. (1) It shall be the duty of the trial judge, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final:
(a) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(b) Any felony in the commission of which a motor vehicle is used;
(c) Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another;
(d) Perjury or the willful making of a false affidavit or statement under oath to the department under this article or under any other law relating to the ownership or operation of motor vehicles;
(e) Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months;
(f) Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title;
(g) Failure to respond to a law enforcement officer's signal to stop as provided in Section 63-3-204.
(2) The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law.
(3) In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-1-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 4. This act shall take effect and be in force from and after July 1, 1998.