Senate Bill 2306

AN ACT TO AMEND SECTION 63-2-7, MISSISSIPPI CODE OF 1972, TO CREATE VIOLATION OF SEAT BELT REQUIREMENTS AS A PRIMARY OFFENSE; TO AMEND SECTION 63-2-3, MISSISSIPPI CODE OF 1972, TO DELETE THE PROVISION THAT FAILURE TO USE SEAT BELTS CANNOT CONSTITUTE CONTRIBUTORY OR COMPARATIVE NEGLIGENCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-2-7, Mississippi Code of 1972, is amended as follows:

63-2-7. (1) (a) A violation of this chapter shall be a misdemeanor, punishable by a fine of Twenty-five Dollars ($25.00) upon conviction; however, only the operator of a vehicle may be fined for a violation of this chapter by the operator or for a violation of this chapter by a passenger. * * *

(b) The maximum fine that may be imposed against the operator of a vehicle for a violation of this chapter by the operator * * * and any number of passengers shall be Twenty-five Dollars ($25.00) in the aggregate.

(2) A violation of this chapter shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.

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

63-2-3. * * * A violation for failure to provide and use a seat belt restraint device or system shall not be * * * entered on the driving record of any individual.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.