House Bill 597

AN ACT TO AMEND SECTION 63-1-52, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT NOTICE OF SUSPENSION, CANCELLATION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE OR DRIVING PRIVILEGES SHALL BE IN WRITING BY CERTIFIED MAIL, PERSONAL SERVICE OR PERSONAL NOTICE INSTEAD OF BY FIRST CLASS MAIL FOR A SUSPENSION, CANCELLATION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE UNDER THE MISSISSIPPI COMMERCIAL DRIVER'S LICENSE LAW, THE YOUTH COURT LAW AND CERTAIN OTHER LAWS; TO REQUIRE THAT THE NOTICE OF SUSPENSION, CANCELLATION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE OR DRIVING PRIVILEGES SHALL INCLUDE THE JURISDICTION, DOCKET AND PAGE OF THE DOCKET WHERE THE CAUSE FOR SUSPENSION, REVOCATION OR CANCELLATION IS ASSIGNED; TO REQUIRE THAT THE NOTICE OF SUSPENSION, CANCELLATION OR REVOCATION OF A PERSON'S DRIVER'S LICENSE OR DRIVING PRIVILEGES SHALL BE GIVEN AT LEAST THIRTY DAYS BEFORE THE SUSPENSION, CANCELLATION OR REVOCATION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-52, Mississippi Code of 1972, is amended as follows:

63-1-52. (1) Whenever the Commissioner of Public Safety suspends, cancels or revokes the driver's license or driving privileges of any person, notice of the suspension, cancellation or revocation shall be given to such person by the commissioner, or his duly authorized agent, in the manner provided in subsection (2) of this section and at the time provided in subsection (3) of this section or in the manner and at the time provided in subsection (4) of this section.

(2) (a) Notice shall be given in * * * writing, (i) by United States Certificate of Mail; or (ii) by personal service at the person's address as it appears on the driving record maintained by the Department of Public Safety or at the person's last known address; or (iii) by personal notice being given by any law enforcement officer of this state or any duly authorized agent of the Commissioner of Public Safety on forms prescribed and furnished by the Commissioner of Public Safety; whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Driver License Compact Law, the Mississippi Implied Consent Law, the Mississippi Motor Vehicle Safety Responsibility Law, subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53, * * * the Mississippi Commercial Driver's License Law, the Youth Court Law, * * * Section 63-1-45, Section 63-1-51, subsection (2)(g), (2)(h) or (2)(i) of Section 63-1-53 or Section 63-9-25.

(b) Notice shall include the jurisdiction, docket and page of the docket where the cause for suspension, revocation or cancellation is assigned.

(3) Unless otherwise specifically provided for by law, notice shall be given at least thirty (30) days before suspension, revocation or cancellation, whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Driver License Compact Law, the Mississippi Motor Vehicle Safety Responsibility Law, subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53, * * * the Mississippi Implied Consent Law, the Youth Court Law, * * * Section 63-1-45, Section 63-1-51, subsection (2)(g), (2)(h) or (2)(i) of Section 63-1-53 or Section 63-9-25.

(4) Whenever the Commissioner of Public Safety suspends, revokes or cancels the driver's license or driving privileges of any person in accordance with some provision of law other than a provision of law referred to in subsections (2) and (3) of this section, and the manner and time for giving notice is not provided for in such law, then notice of such suspension, revocation or cancellation shall be given in the manner and at the time provided for under subsections (2) * * * and (3)(b) of this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.