2005 Regular Session
To: Judiciary A
By: Representative Upshaw
AN ACT TO AMEND SECTION 63-2-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FAILURE TO PROVIDE AND USE A SEAT BELT RESTRAINT DEVICE OR SYSTEM MAY BE ADMISSIBLE IN EVIDENCE TO PROVE A FAILURE TO MITIGATE DAMAGES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-2-3, Mississippi Code of 1972, is amended as follows:
63-2-3. This chapter shall not be construed to create a duty, standard of care, right or liability between the operator and passenger of any passenger motor vehicle which is not recognized under the laws of the State of Mississippi as such laws exist on the date of passage of this chapter or as such laws may at any time thereafter be constituted by statute or court decision. Failure to provide and use a seat belt restraint device or system shall not be considered contributory or comparative negligence, nor shall the violation be entered on the driving record of any individual; however, failure to provide and use a seat belt restraint device or system may be admissible in evidence to prove a failure to mitigate damages.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005; and shall be applicable only to causes of action that accrue on or after July 1, 2005.