MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division A
By: Senator(s) Doty
AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO CLARIFY THE OFFENSE OF TEXTING WHILE DRIVING AND TO DELETE THE SUNSET CLAUSE ON THE OFFENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-33-1, Mississippi Code of 1972, is amended as follows:
63-33-1. (1) 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) "Digital assistant" means a wireless electronic communication device that provides for data communication other than by voice.
(c) "E911" has the meaning ascribed in Section 19-5-303.
( * * *d) "Hand-held mobile
telephone" means a mobile telephone or other portable electronic
communication device with which a user engages in a call or writes, sends or
reads a text message using at least one hand. The term "hand-held mobile
telephone" shall not include a voice-operated or hands-free device * * *.
( * * *e) "Motor vehicle" means a
vehicle driven or drawn by mechanical power and manufactured primarily for use
on public highways * * *.
( * * *f) "Social networking site"
means any web-based service that allows individuals to construct a profile
within a founded system, articulate a list of other users with whom they share
a connection, and communicate with other users of the site * * *.
( * * *g) "Text message" includes a
text-based message, instant message, electronic message, and email, but shall
not include an emergency, traffic or weather alert or a message related to the
operation or navigation of the motor vehicle * * *.
( * * *h) "Voice-operated or
hands-free device" means a device that allows the user to write, send, or
read a text message without the use of either hand except to activate, deactivate,
or initiate a feature or function * * *.
(i) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 USC Section 332, including a cellular telephone or digital assistant.
( * * *j) "Writing," "sending"
and "reading," with respect to a text message, means the manual
entry, sending, or retrieval of a text message, respectively, to communicate
with any person or device.
(2) An operator of a * * * motor vehicle is prohibited from * * * any use of a wireless communication device
except for placing or receiving a call while * * * the motor vehicle is in
motion, unless the operator is using a voice-operated or hands-free device.
(3) A violation of this
section is a * * * misdemeanor
punishable by a * * * fine of * * * One Hundred Dollars ($100.00) * * *.
No state assessments under Section 99-19-73 or any other state law shall
be imposed or collected for a violation under this section. A violation of
this section shall not be entered on the driving record of the individual
convicted.
(4) The Department of
Public Safety shall keep and maintain records of citations issued under this
section, including the age * * * of the vehicle operator, whether there
was an additional traffic violation by the vehicle operator, and whether there
was a crash or any damage to a vehicle or injury to a passenger at the
time of the citation.
(5) 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) A person who is 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 firefighting services;
(v) A law enforcement agency;
(f) 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
(g) A vehicle navigation system utilizing a cellular connection to update databases and provide real-time traffic information.
SECTION 2. This act shall take effect and be in force from and after its passage.