MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary

By: Senator(s) Walls

AN ACT TO AMEND SECTION 63-9-11, MISSISSIPPI CODE OF 1972, TO PROVIDE ALTERNATIVE SENTENCING OF CERTAIN FIRST- OR SECOND-TIME TRAFFIC VIOLATORS AND TO PROVIDE THAT SUCH TRAFFIC VIOLATIONS WILL NOT BE ENTERED ON THE DRIVING RECORD OF ANY INDIVIDUAL; TO AMEND SECTION 63-9-17, MISSISSIPPI CODE OF 1972, IN CONFORMITY; 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) 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 $100.00 or by imprisonment for not more than ten days; for a second such conviction within one year thereafter such person shall be punished by a fine of not more than $200.00 or by imprisonment for not more than twenty days or by both such fine and imprisonment; upon a third or subsequent conviction within one year after the first conviction such person shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months or by both such fine and imprisonment.

(3) Whenever, in a misdemeanor case, a person is convicted of violating any of the provisions of Chapter 3, 5 or 7 of this title, has not had more than one (1) such violation within the past three (3) years, and pleads guilty to the violation, the court imposing sentence is authorized to impose a double fine and withhold reporting of the conviction to the Mississippi Department of Public Safety for inclusion in the person's driving record.

SECTION *. 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 * * * court in which such conviction was had shall prepare and immediately forward to the Department of Public Safety an abstract of the record of said court covering the case in which said person was so convicted, which abstract must be certified by the person so authorized to prepare the same to be true and correct.

(3) Said abstract must be made 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 * * * 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) Every clerk of the court shall also forward a like report to the Department of Public Safety upon the entry of a plea of guilty under Section 63-9-11(3), and the department shall make and maintain a private, nonpublic record solely for the use of the courts in determining eligibility under Section 63-9-11(3) as a first- or second-time offender, which shall not constitute a criminal record for the purpose of private or administrative inquiry. Reports forwarded to the Department of Public Safety under this subsection shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

(6) 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.

(7) The Department of Public Safety shall keep copies of all abstracts received hereunder for a period of three (3) years at its main office and the same shall be open to public inspection during reasonable business hours.

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