House Bill 1295

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 63-3-1006, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CRIMINAL PENALTIES FOR ANY VEHICLE OPERATOR WHO FAILS TO STOP OR YIELD THE RIGHT-OF-WAY FOR ANOTHER VEHICLE OR PEDESTRIAN, WHEN AND AS REQUIRED BY LAW, WHENEVER SUCH FAILURE RESULTS IN THE BODILY INJURY OR DEATH OF ANOTHER; TO AMEND SECTIONS 63-1-51 AND 63-1-83, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 63-3-1006, Mississippi Code of 1972:

63-3-1006. If the operator of any vehicle fails to stop or yield the right-of-way for another vehicle or pedestrian when and as required by law, and such failure results in the bodily injury or death of another, such operator, upon conviction, shall be punished as follows:

(a) When the injury is not great and does not result in death, by a fine of Two Hundred Dollars ($200.00), and by suspension of such person's regular driver's license, commercial driver's license or nonresident driving privileges for a period of one hundred eighty (180) days.

(b) When the injury is great but does not result in death, by a fine of Five Hundred Dollars ($500.00), and by suspension of such person's regular driver's license, commercial driver's license or nonresident driving privileges for a period of one hundred eighty (180) days.

(c) When death results, by sentence to the custody of the Mississippi Department of Corrections for not less than two (2) years nor more than twenty (20) years.

SECTION 2. Section 63-1-51, Mississippi Code of 1972, is amended as follows:

63-1-51. (1) It shall be the duty of the trial judge, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final:

(a) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(b) Any felony in the commission of which a motor vehicle is used;

(c) Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another;

(d) Perjury or the willful making of a false affidavit or statement under oath to the department under this article or under any other law relating to the ownership or operation of motor vehicles;

(e) Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months;

(f) Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title.

(2) The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law.

(3) The commissioner shall suspend the license issued pursuant to this article of any person convicted of an offense under paragraph (a) or (b) of Section 63-3-1006 for the applicable time provided therein.

(4) In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 3. Section 63-1-83, Mississippi Code of 1972, is amended as follows:

63-1-83. (1) From and after April 1, 1992, it shall be a violation of this article and the Commissioner of Public Safety shall suspend for a period of one (1) year the commercial driver's license of any person whom he determines to have committed a first violation of:

(a) Driving a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article while under the influence of alcohol or a controlled substance;

(b) Driving a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article while the alcohol concentration of the person's blood, breath or urine is four one-hundredths percent (.04%) or more;

(c) Knowingly and willfully leaving the scene of an accident involving a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article, if the vehicle was driven by such person;

(d) Using a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article in the commission of any felony as defined in this article; or

(e) Refusing to submit to a test to determine the driver's alcohol concentration while driving a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article.

If any of the violations in subsection (1) of this section occurred while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, the commissioner shall suspend the commercial driver's license of such person for a period of three (3) years.

(2) The Commissioner of Public Safety shall suspend the commercial driver's license of a person for life, or such lesser minimum period of time as shall be required under applicable federal law or regulations, if a person is determined to have committed two (2) or more of the violations specified in subsection (1) of this section or any combination of such violations arising from two (2) or more separate incidents. The provisions of this subsection (2) shall apply only to violations occurring on or after April 1, 1992.

(3) The Commissioner of Public Safety shall suspend for life the commercial driver's license of any person who uses a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article in the commission of any felony involving the manufacture, distribution or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance. The provisions of this subsection (3) shall apply only to violations occurring on or after April 1, 1992.

(4) The Commissioner of Public Safety shall suspend the commercial driver's license of any person convicted of an offense under paragraph (a) or (b) of Section 63-3-1006 for the applicable time provided therein.

(5) The Commissioner of Public Safety shall suspend for a period of sixty (60) days the commercial driver's license of any person convicted of (two 2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) serious traffic violations, committed in a commercial motor vehicle for which a commercial driver instruction permit or commercial driver's license is required under this article arising from separate incidents occurring within a period of three (3) years. The provisions of this subsection (5) shall apply only to violations occurring on or after April 1, 1992.

(6) In addition to the reasons specified in this section for suspension of the commercial driver's license, the Commissioner of Public Safety shall be authorized to suspend the commercial driver's license of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a commercial driver's license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 4. This act shall take effect and be in force from and after July 1, 2004.