MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary A

By: Representative Robinson (84th), Horne

AN ACT TO AMEND SECTION 63-11-37, MISSISSIPPI CODE OF 1972, TO REQUIRE THE CLERK OF THE COURT, RATHER THAN THE TRIAL JUDGE, TO MAIL A COPY OF THE TRAFFIC CITATION FROM ALL DUI CONVICTIONS TO THE COMMISSIONER OF PUBLIC SAFETY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-11-37, Mississippi Code of 1972, is amended as follows:

63-11-37. It shall be the duty of the clerk of the court, upon conviction of any person under Section 63-11-30, to mail a true and correct copy of the traffic ticket, citation or affidavit evidencing the arrest that resulted in the conviction and a copy of the abstract of the court record within five (5) days to the Commissioner of Public Safety at Jackson, Mississippi. The trial judge in municipal and justice courts shall show on the docket and the trial judge in courts of record shall show on the minutes:

(a) Whether or not a chemical test was given and the results of the test;

(b) Where conviction was based in whole or in part on the results of such a test.

The abstract of the court record shall show the date of the conviction, the results of the test if there was one and the penalty so that a record of same may be made by the Department of Public Safety.

For the purposes of Section 63-11-30, a bond forfeiture shall operate as and be considered as a conviction.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.