MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Transportation; Judiciary B

By: Representative White

House Bill 1278

AN ACT TO AMEND SECTION 63-3-1213, MISSISSIPPI CODE OF 1972, TO CREATE A REBUTTABLE PRESUMPTION THAT USING A WIRELESS COMMUNICATION DEVICE TO SEND OR RECEIVE A WRITTEN MESSAGE WHILE OPERATING A MOVING MOTOR VEHICLE IS CARELESS DRIVING; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-3-1213, Mississippi Code of 1972, is amended as follows:

     63-3-1213.  Any person who drives any vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances is guilty of careless driving. Careless driving shall be considered a lesser offense than reckless driving.  There is a rebuttable presumption that using a wireless communication device as defined in Section 63-1-73 to send or receive a written message while operating a moving motor vehicle is careless driving.

     Every person convicted of careless driving shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00).

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.