MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Judiciary B

By: Representative Wells-Smith, Ishee, Snowden

House Bill 1386

AN ACT TO BAN POLICE PURSUITS FOR MISDEMEANOR TRAFFIC VIOLATIONS; TO AMEND SECTION 63-3-205, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

     SECTION 1.  No law enforcement officer shall engage in a pursuit in a motor vehicle to apprehend a violator of a misdemeanor traffic offense.  Motor vehicle pursuits are authorized to apprehend felons who attempt to flee or elude a law enforcement officer.

     SECTION 2.  Section 63-3-205, Mississippi Code of 1972, is amended as follows:

     63-3-205.  The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter with respect to authorized emergency vehicles.

     The provisions of this chapter shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.

     No driver of any authorized emergency vehicle shall assume any special privilege under this chapter except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, excluding traffic violations.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2003.