House Bill 96

AN ACT TO AMEND SECTION 63-11-25, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT A PETITION FOR REVIEW OF AN APPEAL OF THE FORFEITURE, SUSPENSION OR DENIAL OF ISSUANCE OF A LICENSE SHALL BE SERVED ON THE PROSECUTOR; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-11-25, Mississippi Code of 1972, is amended as follows:

63-11-25. (1) If the forfeiture, suspension or denial of issuance is sustained by the Commissioner of Public Safety, or his duly authorized agent pursuant to subsection (1) of Section 63-11-23, upon such hearing, the person aggrieved may file within ten (10) days after the rendition of such decision a petition in the circuit or county court having original jurisdiction of the violation for review of such decision and such hearing upon review shall proceed as a trial de novo before the court without a jury. Provided further, that no such party shall be allowed to exercise the driving privilege while any such appeal is pending.

(2) The petition referred to in subsection (1) shall include the date of the arrest, name of the agency and the name of the officer who arrested the petitioner along with a copy of the notification of the suspension of the petitioner's driver's license and the petition shall be served upon the prosecutor in the court in which the appeal has been filed and no hearing will be set until such service upon the prosecutor responsible for representing the state at the hearing has been accomplished.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.