MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary B

By: Representative Janus

AN ACT TO CREATE THE FELONY OF FAILURE TO YIELD TO A LAW ENFORCEMENT OFFICER OR TO RESPOND TO A LAW ENFORCEMENT OFFICER'S SIGNAL TO STOP WHEN OPERATING A MOTOR VEHICLE; TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ACT; TO PROVIDE FOR THE DISBURSEMENT OF PROCEEDS; TO AMEND SECTION 63-3-203, MISSISSIPPI CODE OF 1972, TO CONFORM WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 63-3-204, Mississippi Code of 1972:

63-3-204. (1) An operator who fails to yield to a law enforcement officer or who, having received a visual or audible signal from a law enforcement officer to bring his vehicle to a stop, operates his vehicle in willful or wanton disregard of the signal so as to interfere with or endanger the operation of any vehicle or person, or who attempts to flee or elude a law enforcement officer by vehicle or other means is guilty of a felony. The court shall, as part of any sentence under this subsection, impose a fine of not less than One Thousand Dollars ($1,000.00).

(2) An operator who violates subsection (1) and while so doing causes death or serious bodily injury to another person, under circumstances not amounting to murder or aggravated murder, is guilty of a felony. The court shall, as part of any sentence under this subsection, impose a fine of not less than Five Thousand Dollars ($5,000.00).

(3) (a) In addition to the penalty provided under this section or any other section, an operator who, having received a visual or audible signal from a law enforcement officer to bring his vehicle to a stop, operates his vehicle in willful or wanton disregard of the signal so as to interfere with or endanger the operation of any vehicle or person, or who attempts to flee or elude a law enforcement officer by vehicle or other means, shall have his driver's license revoked for a period of one (1) year.

(b) The court shall collect the driver's license to be revoked and forward it to the Department of Public Safety, along with a report of the conviction. If the court is unable to collect the driver's license, the court shall nevertheless forward the report to the department. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the driver's license but shall notify the department and the department shall notify the appropriate officials in the licensing state.

SECTION 2. Section 63-3-203, Mississippi Code of 1972, is amended as follows:

63-3-203. Except as otherwise provided in Section 63-3-204, no person shall willfully fail or refuse to comply with any lawful order or direction of any law enforcement officer invested by law with authority to direct, control or regulate traffic.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.