MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Dearing

AN ACT TO AMEND SECTIONS 63-2-3 AND 63-2-7, MISSISSIPPI CODE OF 1972, TO CREATE AS A PRIMARY VIOLATION FAILURE TO USE PROPER RESTRAINT IN A MOVING MOTOR VEHICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-2-3, Mississippi Code of 1972, is amended as follows:

63-2-3. This chapter shall not be construed to create a duty, standard of care, right or liability between the operator and passenger of any passenger motor vehicle which is not recognized under the laws of the State of Mississippi as such laws exist on the date of passage of this chapter or as such laws may at any time thereafter be constituted by statute or court decision. Failure to provide and use a seat belt restraint device or system shall not be considered contributory or comparative negligence * * *.

SECTION 2. Section 63-2-7, Mississippi Code of 1972, is amended as follows:

63-2-7. (1) A violation of this chapter shall be a misdemeanor, punishable by a fine of Twenty-five Dollars ($25.00) upon conviction; however, only the operator of a vehicle may be fined for a violation of this chapter by the operator or for a violation of this chapter by a passenger. * * * The maximum fine that may be imposed against the operator of a vehicle for a violation of this chapter by the operator or for a violation of this chapter by one or more passengers shall be Twenty-five Dollars ($25.00) in the aggregate.

(2) * * * No state assessment provided for by Section 99-19-73, or any other state law, shall be imposed or collected for a violation of this chapter.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.