House Bill 790

AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BURDEN OF PROOF RESTS WITH THE DRIVER OF A MOTOR VEHICLE WHO IS CITED FOR TEXTING WHILE DRIVING TO PROVE THEY WERE USING THEIR PHONE IN A LAWFUL MANNER; TO INCREASE THE CIVIL PENALTY FOR TEXTING WHILE DRIVING TO FIVE HUNDRED DOLLARS; 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) "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 (1) hand. The term "hand-held mobile telephone" shall not include a voice-operated or hands-free device;

(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways;

(c) "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;

(d) "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;

(e) "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; and

(f) "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 hand-held mobile telephone while driving said motor vehicle.

(b) If a person is cited for a violation of this subsection (2) and asserts as a defense that he or she was not using his or her mobile telephone in a manner that would violate this subsection (2), the burden of proof rests with such person to prove he or she was using his or her mobile telephone in a lawful manner.

(3) A violation of this section is a civil violation, and upon being found in violation, is punishable by a civil penalty of * * * Five Hundred Dollars ($500.00). No state assessments 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 and race 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 passenger at the time of the citation.

(5) All on duty law enforcement officers of this state, upon witnessing a person committing a violation of this section, shall be required to cite such person with a violation of this section. It is the intent of the Legislature that all persons who are witnessed violating this section by an on duty law enforcement officer shall be cited in accordance with this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.