2007 Regular Session
To: Judiciary, Division B
By: Senator(s) Lee (35th)
AN ACT TO AMEND SECTION 63-11-8, MISSISSIPPI CODE OF 1972, TO CLARIFY THE NECESSITY TO TEST ALL DRIVERS INVOLVED IN ANY FATAL MOTOR VEHICLE ACCIDENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-11-8, Mississippi Code of 1972, is amended as follows:
63-11-8. (1) The operators of all motor vehicles involved in an accident that results in a death shall be tested for the purpose of determining the alcohol content or drug content of the various operators' blood, breath or urine. Any blood withdrawal required by this section shall be administered by any qualified person and shall be administered within two (2) hours after such accident, if possible. The exact time of the accident, to the extent possible, and the exact time of the blood withdrawal shall be recorded.
(2) If any investigating law enforcement officer has reasonable grounds to believe that a person was the operator of any motor vehicle involved in an accident that has resulted in a death, it shall be the officer's duty to see that a chemical test is administered as required by this section.
(3) The results of a test administered pursuant to this section may be used as evidence in any court or administrative hearing without the consent of the person so tested.
(4) No person may refuse to submit to a chemical test required under the provisions of this section.
(5) Analysis of blood or urine to determine alcohol or drug content pursuant to this section shall be conducted by the Mississippi Crime Laboratory or a laboratory whose methods and procedures have been approved by the Mississippi Crime Laboratory.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.