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) (a) An operator
of a moving motor vehicle is prohibited from writing, sending, or reading a
text message and from accessing, reading or posting to a social networking site
using a * * * wireless communication device while * * * operating the motor
vehicle.
(b) A person eighteen (18) years of age or older shall not operate a motor vehicle while using a hand-held mobile telephone or other wireless communication device that is not a voice-operated or hands-free device.
(c) A person under the age of eighteen (18) shall not operate a motor vehicle while using any wireless communication device.
(d) A person shall not use a wireless communication device while operating a passenger bus with a minor passenger on the bus, except for an emergency or, in the case of a school bus driver, for official school business or in an emergency.
(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.
(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) Calls and 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.
SECTION 2. This act shall take effect and be in force from and after its passage.