MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Transportation

By: Representative Moak

AN ACT TO AMEND SECTION 63-9-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CERTAIN PERSONS ISSUED SPEEDING TICKETS TO SUCCESSFULLY COMPLETE A DEFENSIVE DRIVING COURSE IN LIEU OF PAYING A FINE OR BEING IMPRISONED; TO AMEND SECTIONS 63-9-17 AND 63-9-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT RECORDS OF SUCH SPEEDING VIOLATIONS SHALL BE CONFIDENTIAL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-9-11, Mississippi Code of 1972, is amended as follows:

63-9-11. (1) It is a misdemeanor for any person to violate any of the provisions of Chapters 3, 5, or 7 of this title, unless such violation is by such chapters or other law of this state declared to be a felony.

(2) Except as otherwise provided under subsection (3) of this section, every person convicted of a misdemeanor for a violation of any of the provisions of such chapters for which another penalty is not provided shall, for first conviction thereof, be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than ten (10) days; for a second such conviction within one (1) year thereafter, such person shall be punished by a fine of not more than Two Hundred Dollars ($200.00) or by imprisonment for not more than twenty (20) days or by both such fine and imprisonment; upon a third or subsequent conviction within one (1) year after the first conviction, such person shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment.

(3) Except as otherwise provided in this subsection, whenever a person is charged with any violation of Sections 63-3-501 through 63-3-505, 63-3-509 or 63-3-513 through 63-3-516, the court shall allow the party charged, in his discretion, to participate in a defensive driving course approved by the judge. Upon successful completion of the defensive driving course within a specified time frame established by the court, the party's case shall be retired to the file and the fines and imprisonment authorized under subsection (2) of this section shall not be imposed. This subsection shall not apply to a person subsequently charged with any violation of Sections 63-3-501 through 63-3-505, 63-3-509 or 63-3-513 through 63-3-516 within a period of seven (7) years after the first charge against that person.

SECTION 2. Section 63-9-17, Mississippi Code of 1972, is amended as follows:

63-9-17. (1) Every court shall keep a full record of the proceedings of every case in which a person is charged with any violation of law regulating the operation of vehicles on the highways, streets or roads of this state.

(2) Unless otherwise sooner required by law, within forty-five (45) days after the conviction of a person upon a charge of violating any law regulating the operation of vehicles on the highways, streets or roads of this state, every clerk of the court in which such conviction was had shall prepare and immediately forward to the Department of Public Safety an abstract of the record of the court covering the case in which the person was so convicted, which abstract must be certified by the person so authorized to prepare the same to be true and correct.

(3) The abstract shall be submitted upon a form approved by the Department of Public Safety, and shall include the name and address of the party charged, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, and if the fine was satisfied by prepayment or appearance bond forfeiture, and the amount of the fine or forfeiture, as the case may be.

(4) Every clerk of the court shall also forward a like report to the Department of Public Safety upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.

(5) The failure by refusal or neglect of any such judicial officer to comply with any of the requirements of this section shall constitute misconduct in office and shall be grounds for removal therefrom.

(6) The Department of Public Safety shall keep copies of all abstracts received hereunder for a period of three (3) years at its main office. Except as otherwise provided in subsection (7) of this section, the abstracts and records shall be open to public inspection during reasonable business hours.

(7) Whenever a person charged with any violation of Sections 63-3-501 through 63-3-505, 63-3-509 or 63-3-513 through 63-3-516 successfully completes a defensive driving course as authorized under Section 63-9-11(3), the record of the proceedings of the case and the abstract of the record shall not be available for inspection by the general public. All records of violations referred to in this subsection shall be the property of the agency filing the citation or affidavit or issuing the traffic ticket, the court and the Department of Public Safety. The requirement of confidentiality established by this subsection may not be waived by an offender for any purpose.

SECTION 3. Section 63-9-21, Mississippi Code of 1972, is amended as follows:

63-9-21. (1) This section shall be known as the Uniform Traffic Ticket Law.

(2) All traffic tickets shall be printed in the original and at least two (2) copies and such other copies as may be prescribed by the State Auditor. All traffic tickets shall be uniform as prescribed by the State Auditor and the Attorney General, except as otherwise provided in subsection (3)(b) and except that such state officers may alter the form and content of traffic tickets to meet the varying requirements of the different law enforcement agencies. The State Auditor and the Attorney General shall prescribe a separate traffic ticket, consistent with the provisions of subsection (3)(b) of this section, to be used exclusively for violations of the Mississippi Implied Consent Law.

(3) (a) Except as otherwise provided in paragraph (b) of this subsection, every traffic ticket issued by any sheriff, deputy sheriff, constable, county patrol officer, municipal police officer or State Highway Patrol officer for any violation of traffic or motor vehicle laws shall be issued on the uniform traffic ticket consisting of an original and at least two (2) copies and such other copies as may be prescribed by the State Auditor.

(b) The traffic ticket, citation or affidavit which is issued to a person arrested for a violation of the Mississippi Implied Consent Law shall be uniform throughout all jurisdictions in the State of Mississippi. It shall contain a place for the trial judge hearing the case or accepting the guilty plea, as the case may be, to sign, stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised of his right to have an attorney. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit.

(c) Every traffic ticket shall show, among other necessary information, the name of the issuing officer, the name of the court in which the cause is to be heard, and the date and time such person is to appear to answer the charge. The ticket shall include information which will constitute a complaint charging the offense for which the ticket was issued, and when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed thereunder.

(4) All traffic tickets shall be bound in book form, shall be consecutively numbered and each traffic ticket shall be accounted for to the officer issuing such book. Said traffic ticket books shall be issued to sheriffs, deputy sheriffs, constables and county patrol officers by the chancery clerk of their respective counties, to each municipal police officer by the clerk of the municipal court, and to each State Highway Patrol officer by the Commissioner of Public Safety.

(5) The chancery clerk, clerk of the municipal court and the Commissioner of Public Safety shall keep a record of all traffic ticket books issued and to whom issued, accounting for all books printed and issued.

(6) The original traffic ticket shall be delivered by the officer issuing the traffic ticket to the clerk of the court to which it is returnable to be retained in that court's records and the number noted on the docket. The officer issuing the traffic ticket shall also give the accused a copy of the traffic ticket. The clerk of the court shall file a copy with the State Auditor within forty-five (45) days after judgment is rendered showing the amount of the fine and cost or, in cases in which no judgment has been rendered, within one hundred twenty (120) days after issuance of the ticket. Other copies that are prescribed by the State Auditor pursuant to this section shall be filed or retained as may be designated by the State Auditor. All copies shall be retained for at least two (2) years. Whenever a person charged with any violation of Sections 63-3-501 through 63-3-505, 63-3-509 or 63-3-513 through 63-3-516 successfully completes a defensive driving course as authorized under Section 63-9-11(3), the copy of the traffic ticket filed with the State Auditor shall not be available for inspection by the general public. The requirement of confidentiality established by this subsection may not be waived by an offender for any purpose.

(7) Failure to comply with the provisions of this section shall constitute a misdemeanor and, upon conviction, shall be punishable by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00).

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.