2013 Regular Session
To: Judiciary B; Transportation
By: Representative Bain
AN ACT TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF WIRELESS TELEPHONES OR ELECTRONIC COMMUNICATION DEVICES TO ENGAGE IN WIRELESS INTERACTIVE COMMUNICATION BY A PERSON OPERATING A MOTOR VEHICLE; TO PROVIDE PENALTIES; TO PROVIDE THAT A CONVICTION UNDER THIS ACT MUST OCCUR AS A SECONDARY OFFENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-73, Mississippi Code of 1972, is amended as follows:
63-1-73. (1) * * * Except as otherwise provided under subsection (3) of this section, no person shall operate a motor vehicle on a public road, street or highway of this state while using a wireless communication device to send or receive a written message.
( * * *2) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:
(a) "Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radiophones.
(b) "Personal digital assistant" means a wireless electronic communication device that provides for data communication other than by voice.
(c) The term "E911" shall have the meaning ascribed in Section 19-5-303.
(d) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 USC Section 332, including a cellular telephone or personal digital assistant.
* * *
(3) This section does not apply to any of the following:
(a) Law enforcement and safety personnel;
(b) Drivers of authorized emergency vehicles;
(c) A person who is reporting reckless or negligent behavior;
(d) A person who believes that the person or another person is in physical danger;
(e) Written messages sent or received while the vehicle is parked;
(f) The use of a wireless communication device for the sole purpose of communicating with any of the following regarding an emergency situation:
(i) An emergency response or E911 operator;
(ii) A hospital, physician's office or health clinic;
(iii) A provider of ambulance services;
(iv) A provider of fire fighting services;
(v) A law enforcement agency;
(g) The use of technology utilizing a cellular connection to a vehicle to relay vehicle operational information between the vehicle and a call center or repair facility; and
(h) A vehicle navigation system utilizing a cellular connection to update databases and provide real-time traffic information.
(4) (a) A violation of
this section is a misdemeanor, and upon conviction, is punishable by a fine * * *
of Fifty Dollars
($50.00). The funds from fines collected under this section shall be deposited
in the State Treasury. However, Twenty-five Dollars ($25.00) of such fines
shall be deposited in the Spinal Cord and Head Injury Trust Fund.
* * *
(5) No fine shall be imposed against the operator of a motor vehicle for a violation of this section, unless at the time the operator was charged with a violation of this section he was also charged with some other offense under Title 63, Mississippi Code of 1972, and he is convicted of both offenses.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.