MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary B
By: Representative Gipson
AN ACT TO AMEND SECTIONS 63-11-30 AND 63-11-31, MISSISSIPPI CODE OF 1972, TO MAKE TECHNICAL REVISIONS REGARDING THE USE OF IGNITION INTERLOCK AND NONADJUDICATION OF VIOLATIONS IN IMPLIED CONSENT VIOLATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-11-30, Mississippi Code of 1972, is amended as follows:
63-11-30. (1) It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle; (c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, in the person's blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of the person's breath, blood or urine administered as authorized by this chapter; (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or (e) has an alcohol concentration of four one-hundredths percent (.04%) or more in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of the person's blood, breath or urine, administered as authorized by this chapter for persons operating a commercial motor vehicle.
(2) (a) First offense DUI. (i) Except as otherwise provided in subparagraph (iii) of this subsection (2)(a) and subsection (3) of this section, upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail, or both; and the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail. In addition, the Department of Public Safety, or the Commissioner of Public Safety or his duly authorized agent shall, after conviction and upon receipt of the court abstract, suspend the driver's license and driving privileges of the person for a period of ninety (90) days and until such person attends and successfully completes an alcohol safety education program as provided herein or, in the discretion of the court, thirty (30) days and the person's driving privilege shall be exercised only under an ignition-interlock-restricted driver's license for ninety (90) days following the mandatory thirty-day license suspension. The person shall not be eligible for any other form of license until the person attends and successfully completes an alcohol safety education program as provided in Section 63-11-32.
(ii) Commercial driving privileges shall be suspended as provided in Section 63-1-216. Holders of commercial driver's licenses or commercial learner's permits shall not be eligible for nonadjudication as provided in subparagraph (iii) of this subsection (2)(a).
(iii) A qualifying first offense under subsection (1) of this section may be nonadjudicated by the court. The court shall follow the procedure in Section 99-15-26 for all nonadjudications. A person is eligible for nonadjudication only one (1) time. A qualifying first offense is one where a breath test was not refused unless the court provides written findings as to why nonadjudication is being allowed where a breath test was refused. The person shall not be eligible for any other form of license until the person attends and successfully completes an alcohol safety education program as provided in Section 63-11-32. The judge shall forward a record of every nonadjudicated case to the Department of Public Safety and the Department of Public Safety shall maintain a confidential registry of all cases that are nonadjudicated as provided in this subparagraph (iii). Judges and prosecutors involved in the trial of implied consent violations shall have access to the confidential registry for the purpose of determining whether a person has previously been the subject of a nonadjudicated case and is therefore ineligible for another nonadjudication. A record of nonadjudication shall be maintained for five (5) years.
(iv) The court may enter an order of nonadjudication concerning a nonresident first offender, taking into consideration the available resources and programs in the offender's home jurisdiction and the ability of the court to monitor the person's compliance with conditions imposed by the court.
(b) Second offense
DUI. (i) Except as otherwise provided in subsection (3), upon any second
conviction of any person violating subsection (1) of this section, the offenses
being committed within a period of five (5) years, the person shall
be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand
Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5)
days nor more than one (1) year and sentenced to community service work for not
less than ten (10) days nor more than one (1) year. The minimum penalties
shall not be suspended or reduced by the court and no prosecutor shall offer
any suspension or sentence reduction as part of a plea bargain. Upon
notification of conviction, the Commissioner of Public Safety shall suspend the
driver's license of the person for * * * one (1) year.
However, the court may order that limited driving privileges be reinstated
after forty-five (45) days where an ignition-interlock-restricted device is
installed on each of the motor vehicles owned or operated, or both, by the
person for a period of one (1) year. The person's driving privilege * * *
may then be restored * * * by means of an ignition-interlock-restricted
driver's license * * *.
The person shall not be eligible for any other form of license until the person
attends and successfully completes an alcohol safety education program as
provided in Section 63-11-32.
(ii) Suspension of a commercial driver's license shall be governed by Section 63-1-216.
(c) Third offense DUI. (i) Except as otherwise provided in subsection (3), for any third conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), and shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections. For any offense that does not result in serious injury or death to any person, the sentence of incarceration may be served in the county jail rather than in the State Penitentiary at the discretion of the circuit court judge. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. Except as may otherwise be provided by paragraph (e) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of such person for two (2) years. The person will not be eligible for restoration of the driving privilege except by means of an ignition-interlock-restricted driver's license for three (3) years following release from incarceration and following the mandatory two-year driver's license suspension.
(ii) The suspension of a commercial driver's license shall be governed by Section 63-1-216.
(d) Fourth or subsequent offense DUI. Except as otherwise provided in subsection (3), for any fourth or subsequent conviction of any person violating subsection (1) of this section, without regard to the period of time over which the offenses were committed, the person shall be guilty of a felony and fined not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00) and shall serve not less than two (2) nor more than ten (10) years in the custody of the Department of Corrections. The Commissioner of Public Safety shall suspend the driver's license of the person for five (5) years which shall begin upon the person's release from the custody of the Department of Corrections.
(e) Except as otherwise provided in subsection (3), any person convicted of a second or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment for alcohol or drug abuse, the person shall successfully complete treatment at a program site certified by the Department of Mental Health. Each person who receives a diagnostic assessment shall pay a fee representing the cost of the assessment. Each person who participates in a treatment program shall pay a fee representing the cost of treatment.
(f) The Department of Public Safety shall promulgate rules and regulations for the use of ignition-interlock devices as provided in Section 63-11-31 and consistent with the provisions therein. The rules and regulations shall provide that installation of the device shall occur at the residence of the offender and for the calibration of the devices and shall provide that the cost of the use of the systems shall be borne by the offender. The Department of Public Safety shall approve which vendors shall be used to furnish the systems and may assess fees to such vendors. The maximum costs to the offender as prescribed in the department's rules and regulations shall not exceed One Hundred Fifty Dollars ($150.00) for installation and Two Dollars and Fifty Cents ($2.50) per day for the user fee, and the department shall also prescribe maximum fees for periodic inspections, calibrations and repairs.
(3) Zero Tolerance for Minors. (a) This subsection shall be known and may be cited as Zero Tolerance for Minors. The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%). If such person's blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply.
(b) Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, such person shall have his driver's license suspended for ninety (90) days and shall be fined Two Hundred Fifty Dollars ($250.00); and the court shall order such person to attend and complete an alcohol safety education program as provided in Section 63-11-32. The court may also require attendance at a victim impact panel.
The court in the county in which the conviction was had or the circuit court of the person's county of residence may reduce the suspension of driving privileges under subsection (2)(a) of this section if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under subsection (1) of this section, and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00), which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.
The petition filed under the provisions of this subsection shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days' prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the period of suspension.
The order entered under the provisions of this subsection shall contain the specific grounds upon which hardship was determined, and shall order the petitioner to attend and complete an alcohol safety education program as provided in Section 63-11-32. A certified copy of such order shall be delivered to the Commissioner of Public Safety by the clerk of the court within five (5) days of the entry of the order. The certified copy of such order shall contain information which will identify the petitioner, including, but not limited to, the name, mailing address, street address, social security number and driver's license number of the petitioner.
At any time following at least thirty (30) days of suspension for a first offense violation of this section, the court may grant the person hardship driving privileges upon written petition of the defendant, if it finds reasonable cause to believe that revocation would hinder the person's ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation.
(c) Upon any second conviction of any person under the age of twenty-one (21) years violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than Five Hundred Dollars ($500.00) and shall have his driver's license suspended for one (1) year.
(d) For any third or subsequent conviction of any person under the age of twenty-one (21) years violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than One Thousand Dollars ($1,000.00) and shall have his driver's license suspended until he reaches the age of twenty-one (21) or for two (2) years, whichever is longer.
(e) Any person under the age of twenty-one (21) years convicted of a second violation of subsection (1) of this section, may have the period that his driver's license is suspended reduced if such person receives an in-depth diagnostic assessment, and as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem and successfully completes treatment of his alcohol and/or drug abuse problem at a program site certified by the Department of Mental Health. Such person shall be eligible for reinstatement of his driving privileges upon the successful completion of such treatment after a period of six (6) months after such person's driver's license is suspended. Each person who receives a diagnostic assessment shall pay a fee representing the cost of such assessment. Each person who participates in a treatment program shall pay a fee representing the cost of such treatment.
(f) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section shall complete treatment of an alcohol and/or drug abuse program at a site certified by the Department of Mental Health.
(g) The court shall have the discretion to rule that a first offense of this subsection by a person under the age of twenty-one (21) years shall be nonadjudicated. Such person shall be eligible for nonadjudication only once. The Department of Public Safety shall maintain a confidential registry of all cases which are nonadjudicated as provided in this paragraph. A judge who rules that a case is nonadjudicated shall forward such ruling to the Department of Public Safety. Judges and prosecutors involved in implied consent violations shall have access to the confidential registry for the purpose of determining nonadjudication eligibility. A record of a person who has been nonadjudicated shall be maintained for five (5) years or until such person reaches the age of twenty-one (21) years. Any person whose confidential record has been disclosed in violation of this paragraph shall have a civil cause of action against the person and/or agency responsible for such disclosure.
(4) DUI test refusal. In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of his breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of the test in any prosecution, shall suffer an additional suspension of driving privileges as follows:
The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or permit to drive or deny the issuance of a license or permit to the person as provided for first, second and third or subsequent offenders in subsection (2) of this section. The suspension shall be in addition to any suspension imposed pursuant to subsection (1) of Section 63-11-23. The minimum suspension imposed under this subsection shall not be reduced and no prosecutor is authorized to offer a reduction of the suspension as part of a plea bargain.
(5) Aggravated DUI. Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each such death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each such death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.
(6) DUI citations. Upon conviction of any violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit. The judge shall cause a copy of the traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction, to be sent to the Commissioner of Public Safety. A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.
(7) Out-of-state prior convictions. Convictions in other states of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring after July 1, 1992, shall be counted for the purposes of determining if a violation of subsection (1) of this section is a second, third or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.
(8) Charging of subsequent offenses. For the purposes of determining how to impose the sentence for a second, third or subsequent conviction under this section, the indictment shall not be required to enumerate previous convictions. It shall only be necessary that the indictment state the number of times that the defendant has been convicted and sentenced within the past five (5) years under this section to determine if an enhanced penalty shall be imposed. The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third or subsequent offense of this section.
(9) License eligibility for underage offenders. Any person under the legal age to obtain a license to operate a motor vehicle convicted under this section shall not be eligible to receive a driver's license until the person reaches the age of eighteen (18) years.
(10) License suspensions to run consecutively. Suspension of driving privileges for any person convicted of violations of subsection (1) of this section shall run consecutively.
(11) Ignition interlock. The court may order the use of any ignition-interlock device as provided in Section 63-11-31. The court shall make specific findings that an ignition-interlock device has been ordered.
(12) DUI child endangerment. A person who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle. The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished as follows:
(a) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a first conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or shall be imprisoned for not more than twelve (12) months, or both;
(b) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a second conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned for one (1) year, or both;
(c) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a third or subsequent conviction shall be guilty of a felony and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00) or shall be imprisoned for not less than one (1) year nor more than five (5) years, or both; and
(d) A person who commits a violation of this subsection which results in the serious injury or death of a child, without regard to whether the offense was a first, second, third or subsequent offense shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Ten Thousand Dollars ($10,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years.
(13) (a) Any person who, on or before June 30, 2014, was convicted under subsection (2) of this section of a first offense of driving under the influence may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction. However, no order of expunction under this subsection shall be effective until at lease five (5) years after the date of entry of the judgment of conviction being expunged. Expunction under this subsection will only be available to a person:
(i) Who has successfully completed all terms and conditions of the sentence imposed for the conviction;
(ii) Who did not refuse to submit to a test of his blood or breath;
(iii) Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
(iv) Who has not been convicted of or have pending any other offense of driving under the influence; and
(v) Who has provided the court with justification as to why the conviction should be expunged.
(vi) Who is not a holder of a commercial driver's license or a commercial learner's permit.
(b) A person is eligible for only one (1) expunction under this subsection, and the Department of Public Safety shall maintain a confidential registry of all cases of expunction under this subsection for the sole purpose of determining a person's eligibility as a first-offender under this section.
(c) The court in its order of expunction shall state in writing the justification for which the expunction was granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order.
SECTION 2. Section 63-11-31, Mississippi Code of 1972, is amended as follows:
63-11-31. (1) * * * In addition to the penalties authorized for any
second or subsequent convictions of Section 63-11-30, the court shall order
either the impoundment or immobilization of all vehicles registered to the
person convicted for the entire length of license suspension to commence upon
conviction and persist during the entire driver's license suspension period.
However, a county, municipality, sheriff's department or the Department of
Public Safety shall not be required to keep, store, maintain, serve as a bailee
or otherwise exercise custody over a motor vehicle impounded under the
provisions of this section.
(2) * * *
If other licensed drivers living in the household are dependent upon the
vehicle subject to impoundment or immobilization for necessary transportation,
the court may order the installation of an ignition-interlock system on the
vehicle in lieu of impoundment or immobilization. The cost associated with
impoundment, immobilization or ignition-interlock shall be paid by the person
convicted.
( * * *3) For the purposes of this section,
"ignition-interlock device" means a device that connects a motor
vehicle ignition system to a breath-alcohol analyzer and prevents a motor
vehicle ignition from starting if the driver's blood alcohol level exceeds the
calibrated setting on the device.
( * * *4) (a) The cost of installation of an
ignition-interlock device shall be borne by the person to whom is issued an
ignition-interlock-restricted driver's license unless a court determines that
the person is indigent.
(b) A person may not tamper with, or in any way attempt to circumvent the immobilization or impoundment of vehicles ordered by the court. A violation of this paragraph (b) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year, or both.
( * * *c) Anyone convicted under
Section 63-11-30 shall be assessed by the court, in addition to the criminal
fines, penalties and assessments provided by law for violations of Section 63-11-30,
a fee of not less than Thirty Dollars ($30.00) nor more than One Hundred
Dollars ($100.00), to be deposited in the Ignition-Interlock Device Fund in the
State Treasury. Anyone who receives a nonadjudication under Section 63-11-30
shall be assessed by the court, a fee of Two Hundred Fifty Dollars ($250.00) to
be deposited in the Ignition-Interlock Device Fund in the State Treasury.
( * * *5) (a) The specific calibration
setting for an ignition-interlock device shall be no more than three one-hundredths
percent (0.03%) blood alcohol concentration for persons twenty-one (21) years
of age or older and no more than two one-hundredths percent (0.02%) blood
alcohol concentration for persons under twenty-one (21) years of age over which
concentration the ignition-interlock device will prevent the motor vehicle from
being started.
(b) A person who has an ignition-interlock device installed in a vehicle shall:
(i) Provide proof of the installation of the device and periodic reporting for verification of the proper operation of the device;
(ii) Have the system monitored for proper use and accuracy by an entity approved by the department at least semiannually, or more frequently as the circumstances may require;
(iii) Pay the reasonable cost of leasing or buying, monitoring, and maintaining the device.
( * * *6) (a) (i) A person who is limited
to driving only under an ignition-interlock-restricted driver's license shall
not operate a vehicle that is not equipped with an ignition-interlock device.
(ii) A person prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
(iii) A person may not start or attempt to start a motor vehicle equipped with an ignition-interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device.
(iv) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition-interlock device that has been installed in a motor vehicle.
(v) A person may not knowingly provide a motor vehicle not equipped with a functioning ignition-interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition-interlock device.
(b) A violation of
this subsection ( * * *6)
is a misdemeanor and upon conviction the violator shall be fined an amount not
less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand
Dollars ($1,000.00) or imprisoned for not more than one (1) year, or both.
(c) A person shall not
be in violation of this subsection ( * * *6) if * * * the starting of a motor vehicle equipped
with an ignition-interlock device is done for the purpose of safety or
mechanical repair of the device or the vehicle, and the person subject to the restriction
does not operate the vehicle; or
* * *
( * * *7) (a) A judge may also order that
the vehicle owned or operated by a person or a family member of any person who
committed a violation of Section 63-11-30 be equipped with an ignition-interlock
device for all or a portion of the time the driver's license of the operator of
such vehicle is suspended or restricted pursuant to this section, if:
(i) The operator of the vehicle used to violate Section 63-11-30 has at least one (1) prior conviction for driving a motor vehicle when the person's privilege to do so is cancelled, suspended or revoked as provided by Section 63-11-30; or
(ii) The driver's license of the operator of the vehicle was cancelled, suspended or revoked at the time of the violation of Section 63-11-30.
(b) The provisions of
this subsection ( * * *7) shall not apply if the vehicle used
to commit the violation of Section 63-11-30, was, at the time of the violation,
rented or stolen.
( * * *8) The provisions of this section are
supplemental to the provisions of Section 63-11-30.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.