House Bill 308

AN ACT TO AMEND SECTION 63-1-41, MISSISSIPPI CODE OF 1972, TO REQUIRE EVERY LICENSEE OPERATING A MOTOR VEHICLE TO TEMPORARILY SURRENDER THE POSSESSION OF HIS OR HER DRIVER'S LICENSE BY PLACING THE PHYSICAL LICENSE IN THE CUSTODY OF THE LAW ENFORCEMENT OFFICER OR PEACE OFFICER UPON DEMAND FOR PRODUCTION BY SUCH OFFICER FOR PURPOSE OF INSPECTION; TO PROVIDE THAT IF THE LICENSEE ONLY HAS AN ELECTRONIC COPY OF HIS OR HER LICENSE, HE OR SHE SHALL PRODUCE AND DISPLAY THE ELECTRONIC LICENSE ON THE SCREEN OF THE MOBILE DEVICE UPON WHICH IT IS CONTAINED, BUT SHALL NOT BE REQUIRED TO SURRENDER THE MOBILE DEVICE TO THE LAW ENFORCEMENT OFFICER OR PEACE OFFICER FOR FURTHER INSPECTION; TO BRING FORWARD SECTIONS 63-1-35, 63-1-69 AND 97-35-7, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-41, Mississippi Code of 1972, is amended as follows:

63-1-41. (1) Every licensee shall have the required license in his immediate possession at all times when operating a motor vehicle and shall display the same, upon demand of a justice court judge, * * *a law enforcement officer, peace officer or license examiner or other authorized employee of the commissioner. However, no person charged with violating this section shall be convicted if he produces in court a license theretofore issued to him and valid at the time of his arrest.

(2) (a) When a law enforcement officer or peace officer makes a demand of a licensee operating a motor vehicle to produce and display his or her license, the licensee shall remove the license from any purse, wallet or billfold and temporarily surrender possession thereof by placing the physical license in the custody of the law enforcement officer or peace officer making the demand for the purpose of inspection of authenticity of validity, expiration compliance, accurate identifying information and any other reasonable functions within the performance of law enforcement duties that give rise to the demand for the driver's license, which may result in the issuance of a traffic citation.

(b) If a licensee does not have a hard copy of his or her license in his or her possession at the time a demand for the license is made by a law enforcement officer or peace officer, but has the license available in electronic format on a mobile device in the form prescribed by the Commissioner of Public Safety under the authority of Section 63-1-35(5), the licensee shall produce and display the electronic license on the screen on the mobile device upon which it is contained. However, the licensee shall not be required to surrender his or her mobile device when allowing the law enforcement officer or peace officer to make inspection thereof upon a demand to produce the license.

SECTION 2. Section 63-1-35, Mississippi Code of 1972, is brought forward as follows:

63-1-35. (1) The Commissioner of Public Safety shall prescribe the form of license issued pursuant to this article which shall, among other features, include a driver's license number assigned by the Department of Public Safety. A licensee shall list his social security number with the department which shall cross reference the social security number with the driver's license number for purposes of identification. Additionally, each license shall bear a full-face color photograph of the licensee in such form that the license and the photograph cannot be separated. The photograph shall be taken so that one (1) exposure will photograph the applicant and the application simultaneously on the same film. The department shall use a process in the issuance of a license with a color photograph that shall prevent as nearly as possible any alteration, counterfeiting, duplication, reproduction, forging or modification of the license or the superimposition of a photograph without ready detection. The photograph shall be replaced by the department at the time of renewal. Drivers' licenses, including photographs appearing thereon, may be renewed by electronic means according to rules and regulations promulgated by the commissioner in conformity to Section 27-104-33.

(2) The commissioner shall prescribe the form of license issued pursuant to this article to licensees who are not United States citizens and who do not possess a social security number issued by the United States government. The license of such persons shall include a number and/or other identifying features.

(3) Any new, renewal or duplicate driver's license, temporary driving permit or commercial driver's license issued to a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the licensee or permittee as a sex offender.

(4) The commissioner is authorized to provide the new, renewal or duplicate driver's license, temporary driving permit or commercial driver's license to any honorably discharged veteran as defined in Title 38 of the United States Code, and such license or permit shall exhibit the letters "Vet" or any other mark identifying the person as a veteran. The veteran requesting the "Vet" designation shall present his DD-214, Military Retiree Identification Card, United States Department of Veterans Affairs Medical Identification Card, United States Department of Veterans Affairs Identification Card or National Guard Form NGB 22. The veteran requesting the "Vet" designation may present his DD-214, Military Retiree Identification Card, United States Department of Veterans Affairs Medical Identification Card, United States Department of Veterans Affairs Identification Card or National Guard Form NGB 22 in person at the Mississippi Department of Public Safety Driver's License Station.

(5) Not later than July 1, 2021, the commissioner shall develop and implement a driver's license or driving permit in electronic format as an additional option for license or permit holders. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device.

(6) If false documents are provided by an individual for purposes of obtaining a veteran driver's license, such action shall be considered fraudulent use of identity under Section 97-19-85, Mississippi Code of 1972, and shall be punishable, upon conviction, as a felony pursuant to the provisions of that section.

SECTION 3. Section 63-1-69, Mississippi Code of 1972, is brought forward as follows:

63-1-69. Any person convicted of a violation of this article or any provisions of said article for which no other penalty is provided shall be punished by a fine of not less than Five Dollars ($5.00) and costs and not more than Two Hundred Fifty Dollars ($250.00) and costs, or by imprisonment in the county jail for a period of from one to six months, or by both the fine and imprisonment at the discretion of the court.

SECTION 4. Section 97-35-7, Mississippi Code of 1972, is brought forward as follows:

97-35-7. (1) Whoever, with intent to provoke a breach of the peace, or under such circumstances as may lead to a breach of the peace, or which may cause or occasion a breach of the peace, fails or refuses to promptly comply with or obey a request, command, or order of a law enforcement officer, having the authority to then and there arrest any person for a violation of the law, to:

(a) Move or absent himself and any vehicle or object subject to his control from the immediate vicinity where the request, command or order is given, or

(b) Arise, if lying or sitting down, and move to a point designated by said officer outside the immediate area of, or which is affected by the occurrences at, the place of issuing such order, command or request, or

(c) Refrain from lying down or sitting down at, or in the immediate vicinity of, the place where said order, request or command is given, or

(d) Refrain from obstructing, with his body or any part thereof, or in any manner, the lawful movement or passage of any vehicle, or

(e) Refrain from placing, or permitting, or cooperating with another to place, his body or any part thereof, in front of or behind any vehicle, in such manner as to interfere with, or prevent its movement or block its path in lawful movement, or

(f) Refrain from chaining or tying or binding himself or another to any object or person, or

(g) Unbind, unchain or loosen himself, or remove himself, from any chain or other means whereby he may be prevented from moving away from the place or the immediate vicinity where he may be when such officer issues said order, request or command, or

(h) Walk or move to, enter and remain in, either or both, as may be directed by such officer, any police or other vehicle operated by any law enforcement officer or department, or any other vehicle designated by such an officer, or

(i) Act or do or refrain from acting or doing as ordered, requested or commanded by said officer to avoid any breach of the peace at or near the place of issuance of such order, request or command, shall be guilty of disorderly conduct, which is made a misdemeanor and, upon conviction thereof, such person or persons shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

(2) Any person who causes, or aids, or encourages, or abets another to violate, or in violating, any provision of subsection (1) hereof, shall be guilty of disorderly conduct which is made a misdemeanor and, upon conviction thereof, such person or persons shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

(3) If any person alone or in concert with others violates subsection (1) or (2) hereof, or both, under such circumstances or in such a manner as to evince a willful and wanton disregard for the life or safety of another and if as a result thereof another person or persons be injured, maimed or killed, the person or persons so violating subsection (1) or (2) hereof, or both, shall be guilty of a felony and, upon conviction thereof, such person or persons shall be imprisoned in the State Penitentiary not longer than five (5) years or be fined not more than Two Thousand Dollars ($2,000.00), or both such fine and imprisonment.

(4) The act of breastfeeding shall not constitute disorderly conduct.

(5) The provisions of this section are supplementary to the provisions of any other statutes of this state.

SECTION 5. This act shall take effect and be in force from and after July 1, 2026.