MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Judiciary B

By: Representatives Ford (73rd), Chism, Denton, McLean, Yates

House Bill 491

AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR TEXTING WHILE DRIVING WITHOUT USING A VOICE-OPERATED OR HANDS-FREE DEVICE TO MAKE IT A MISDEMEANOR PUNISHABLE BY A FINE OF 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)  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.

     (3)  A violation of this section is a * * *civil violation misdemeanor, and upon being * * *found in violation convicted, is punishable by a * * *civil penalty fine of * * *Twenty‑five Dollars ($25.00) for violations committed until July 1, 2016, and One Hundred Dollars ($100.00) for violations committed from and after July 1, 2016 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.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.

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