House Bill 389

AN ACT TO AMEND SECTION 63-2-1, MISSISSIPPI CODE OF 1972, TO INCREASE FROM EIGHT TO TWELVE THE MAXIMUM AGE OF A CHILD WHO IS REQUIRED TO WEAR A SAFETY BELT WHEN A PASSENGER IN THE FRONT SEAT OR ANY OTHER SEAT OF A MOTOR VEHICLE; TO AMEND SECTIONS 63-2-7 AND 63-7-309, MISSISSIPPI CODE OF 1972, TO INCREASE THE FINES IMPOSED FOR VIOLATION OF THE SEAT BELT LAW OR CHILD PASSENGER RESTRAINT LAW BY A PERSON TRANSPORTING A CHILD UNDER TWELVE YEARS OF AGE IN A PASSENGER MOTOR VEHICLE; AND FOR RELATED PURPOSES.

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

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

63-2-1. (1) When a passenger motor vehicle is operated in forward motion on a public road, street or highway within this state, every operator, every front-seat passenger and every child who is at least four (4) years of age but under twelve (12) years of age, regardless of the seat that such child occupies, shall wear a properly fastened safety seat belt system, required to be installed in the vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208. Children under the age of four (4) years shall be protected as required by Sections 63-7-301 through 63-7-313.

(2) "Passenger motor vehicle" for purposes of this chapter means a motor vehicle designed to carry fifteen (15) or fewer passengers, including the driver, but does not include motorcycles, mopeds, all-terrain vehicles or trailers.

(3) This section shall not apply to:

(a) Vehicles which may be registered for "farm" use, including "implements of husbandry" as defined in Section 63-21-5(d), and "farm tractors" as defined in Section 63-3-105(a);

(b) An operator or passenger possessing a written verification from a licensed physician that he is unable to wear a safety belt system for medical reasons;

(c) A passenger car operated by a rural letter carrier of the United States Postal Service or by a utility meter reader while on duty; or

(d) Buses.

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

63-2-7. (1) Except as otherwise provided under subsection (3) of this section, 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, for a violation of this chapter by a front seat passenger or for a violation of this chapter by a child who is at least four (4) years of age but under twelve (12) years of age, regardless of the seat that the child occupies. Except as otherwise provided under subsection (3) of this section, 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) Except as otherwise provided under subsection (3) of this section, a violation of this chapter shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.

(3) For a violation of this chapter by a child who is at least four (4) years of age but under twelve (12) years of age, the operator of the motor vehicle shall be punished, upon conviction, by a fine of Five Hundred Dollars ($500.00).

SECTION 3. Section 63-7-309, Mississippi Code of 1972, is amended as follows:

63-7-309. Any person convicted of violating the provisions of Section 63-7-301 shall be fined Five Hundred Dollars ($500.00) for each offense.

SECTION 4. This act shall take effect and be in force from and after July 1, 2007.