MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representatives Janus, Barnett (116th), Ketchings

AN ACT TO AMEND SECTIONS 59-21-89 AND 63-3-809, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FAILURE TO YIELD FOR LAW ENFORCEMENT OFFICERS SHALL BE A FELONY; TO PROVIDE PENALTIES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 59-21-89, Mississippi Code of 1972, is amended as follows:

(1) It is unlawful for any person, other than a law enforcement officer on duty, to use or display oscillating or rotating blue lights on a vessel operating on the public waters of this state. Upon the approach of an authorized law enforcement vessel operating a strobe, rotating or oscillating blue light or giving audible signal by siren or both, the operator of a vessel shall yield the right-of-way and shall stop and remain in position until the authorized law enforcement vessel has passed, except when otherwise directed by a law enforcement officer.

(2) A person violating this section is guilty of a felony and, upon conviction, shall be punished by a fine of not * * * more than Five Thousand Dollars ($5,000.00) or imprisoned for not more than two (2) years or both.

SECTION 2. Section 63-3-809, Mississippi Code of 1972, is amended as follows:

63-3-809. (1) Upon the immediate approach of an authorized emergency vehicle or vessel, when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle or vessel shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway or waterway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

(2) This section shall not operate to relieve the driver of an authorized emergency vehicle or vessel from the duty to drive with due regard for the safety of all persons using the highway or waterway.

(3) Any person who shall fail to yield the right-of-way to any law enforcement officer, officer of the Department of Wildlife, Fisheries and Parks or officer of the Department of Marine Resources while such officer is performing official law enforcement duties shall be guilty of a felony and upon conviction shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for not more than two (2) years or both.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.