House Bill 1015

(As Sent to Governor)

AN ACT TO AMEND SECTION 77-7-335, MISSISSIPPI CODE OF 1972, TO AUTHORIZE DEPARTMENT OF PUBLIC SAFETY INSPECTORS TO ASSIST OTHER OFFICERS; TO AMEND SECTION 63-11-5, MISSISSIPPI CODE OF 1972, TO ADD COMMERCIAL MOTOR CARRIER INSPECTORS TO THE LIST OF PERSONS AUTHORIZED TO GIVE BREATH TESTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 77-7-335, Mississippi Code of 1972, is amended as follows:

77-7-335. (1) All division inspectors on duty shall wear uniforms, shall have the right to bear arms, and shall have the authority to make arrests and hold and impound any vehicle and the contents thereof which is being operated in violation of this chapter or the commission's or the department's rules, regulations or general orders promulgated thereunder.

(2) All inspectors shall have the authority to enforce all of the laws, rules and regulations of the commission and the department under this chapter upon all highways in the state and the rights-of-way of such highways and other properties as defined in Section 77-7-261; except that if any person commits an offense in violation of this chapter or the rules and regulations of the commission or the department upon a highway in the state and be pursued by an enforcement officer or inspector of the division, such enforcement officer or inspector may pursue and apprehend such offender upon any of the highways in this state, or to any other place to which such offender may flee.

(3) All inspectors shall have the authority to aid and assist any law enforcement officer whose life or safety is in jeopardy and may arrest without warrant any fugitive from justice who has escaped or who is using the highways in the state in an attempt to flee. Inspectors of the division may assist other law enforcement agencies in searching for convicted felons who have escaped or for alleged felons where there is probable cause to believe that the person being sought committed the felony and a felony had actually been committed.

(4) Upon request of a sheriff of any county or the chief of police of any community, all division inspectors have the authority to assist in traffic control during time of natural disasters, such as hurricanes, tornados or floods.

(5) All inspectors shall have the authority to assist any officer of the department at the discretion and direction of the commissioner.

(6) All inspectors shall have the authority to purchase and use speed detection equipment on commercial vehicles that they are authorized to inspect as provided in Section 77-7-16.

SECTION 2. Section 63-11-5, Mississippi Code of 1972, is amended as follows:

63-11-5. (1) (a) Any person who operates a motor vehicle upon the public highways, public roads * * * ~~and~~ or streets of this state shall be deemed to have given his consent, subject to the provisions of this chapter, to a chemical test or tests of his breath, blood or urine for the purpose of determining alcohol concentration. A person shall give his consent to a chemical test or tests of his breath, blood or urine for the purpose of determining the presence in his body of any other substance which would impair a person's ability to operate a motor vehicle.

(b) The test or tests shall be administered at the direction of any authorized officer, when such officer has reasonable grounds and probable cause to believe that the person was driving or had under his actual physical control a motor vehicle upon the public streets or highways of this state while under the influence of intoxicating liquor or any other substance which had impaired such person's ability to operate a motor vehicle.

(2) (a) A breath analysis test must be administered by a person who has met all the educational and training requirements of the appropriate course of study prescribed by the Board on Law Enforcement * * * ~~Officers~~ Officer Standards and Training; however, sheriffs and elected chiefs of police are exempt from the educational and training requirement. A breath analysis test must not be given to any person within fifteen (15) minutes of consumption of any substance by mouth.

(b) For purposes of this section, the term "authorized officer" means any highway patrol officer, commercial motor carrier inspector, sheriff or his duly commissioned deputies, police officer in any incorporated municipality, national park ranger, officer of a state-supported institution of higher learning campus police force if such officer is exercising this authority in regard to a violation that occurred on campus property, or security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978 if such officer is exercising this authority in regard to a violation that occurred within the limits of the Pearl River Valley Water Supply District.

(3) If the officer has reasonable grounds and probable cause to believe such person to have been driving a motor vehicle upon the public highways, public roads * * *~~, and~~ or streets of this state while under the influence of intoxicating liquor or any other substance that has impaired the person's ability to operate a motor vehicle, the officer shall inform the person that his failure to submit to such chemical test or tests of his breath, blood or urine shall result in the suspension of his privilege to operate a motor vehicle upon the public streets * * * ~~and~~, roads or highways of this state for a period of ninety (90) days if the person has not previously been convicted of a violation of Section 63-11-30, or * * *, for a period of one (1) year if the person has a prior conviction under Section 63-11-30.

(4) The traffic ticket, citation or affidavit issued to a person arrested for a violation of this chapter shall conform to the requirements of Section 63-9-21(3)(b) * * *, and, if filed electronically, shall conform to Section 63-9-21(8).

(5) Any person arrested under the provisions of this chapter shall be informed that he has the right to telephone for the purpose of requesting legal or medical assistance immediately after being booked for a violation under this chapter.

(6) The Commissioner of Public Safety and the Mississippi Forensics Laboratory created pursuant to Section 45-1-17 are authorized to adopt procedures, rules and regulations applicable to the Implied Consent Law.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.