MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Frierson, Janus
AN ACT TO AMEND SECTION 59-23-3, MISSISSIPPI CODE OF 1972, TO REMOVE A REDUNDANT REFERENCE TO THE DEPARTMENT OF WILDLIFE, FISHERIES AND PARKS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 59-23-3, Mississippi Code of 1972, is amended as follows:
59-23-3. For the purposes of this chapter, the following terms shall have the following meanings unless the context shall prescribe otherwise:
(a) "Chemical test" means an analysis of a person's blood, breath, urine or other bodily substance for the determination of the presence of alcohol or any other substance which may impair a person's mental or physical ability.
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(b) "Intoxicated" means under the influence of alcohol or any combination of alcohol, controlled substance or drugs, so that there is impaired thought and action and loss of normal control of a person's faculties to such an extent as to endanger any person.
(c) "Law enforcement officer" means an officer described in Section 63-11-19 * * *.
(d) "Prima facie evidence of intoxication" includes evidence that at the time of an alleged violation there was ten one-hundredths percent (.10%) or more by weight of alcohol in the person's blood.
(e) "Public waters" means all public waters over which the state has jurisdiction.
(f) "Watercraft" means a motorized vessel with a motor of twenty-five (25) horsepower or greater used for transportation on public waters and personal watercraft (jet skis).
(g) "Operates a watercraft" or "operation of a watercraft" shall mean a watercraft that is underway in the water.
SECTION 2. This act shall take effect and be in force from and after its passage.