House Bill 1191

AN ACT TO AMEND SECTION 63-3-1201, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR RECKLESS DRIVING TO INCREASE THE PUNISHMENT WHEN THE RECKLESSNESS IS CAUSED BY THE MOTOR VEHICLE OPERATOR'S USE OF A WIRELESS TELEPHONE OR ELECTRONIC COMMUNICATION DEVICE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-3-1201, Mississippi Code of 1972, is amended as follows:

63-3-1201. (1) Any person who drives any vehicle in such a manner as to indicate either a willful or a wanton disregard for the safety of persons or property is guilty of reckless driving. Reckless driving shall be considered a greater offense than careless driving.

(2) Every person convicted of reckless driving shall be punished upon a first conviction by a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), and on a second or subsequent conviction he may be punished by imprisonment for not more than ten (10) days or by a fine of not more than Five Hundred Dollars ($500.00), or by both.

(3) Notwithstanding the provisions of subsection (2) of this section, every person convicted of reckless driving, when the recklessness is caused by the motor vehicle operator's use of a wireless telephone or electronic communication device, shall be punished upon a first conviction by a fine of not less than One Hundred Dollars ($100.00). Upon a second such conviction within two (2) years, that person may be punished by imprisonment for not more than ten (10) days or by a fine of not less than Seven Hundred Fifty Dollars ($750.00), or by both. Upon a third or subsequent conviction within two (2) years, that person may be punished by imprisonment for not more than thirty (30) days or by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00), or by both.

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