Senate Bill 2114

AN ACT TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT TEXTING WHILE DRIVING; TO DEFINE CERTAIN TERMS; TO PROVIDE EXEMPTIONS; TO PROHIBIT THE USE OF CELLULAR TELEPHONES WHILE OPERATING A MOTOR VEHICLE WITHOUT USING HANDS-FREE ACCESSORIES; TO PROHIBIT CELL PHONE USE BY CERTAIN MINORS; TO PROVIDE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-73, Mississippi Code of 1972, is amended as follows:

63-1-73. (1) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:

(a) "Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radiophones.

(b) "Personal digital assistant" means a wireless electronic communication device that provides for data communication other than by voice.

(c) "Hands-free accessories" means a device or devices that allow a vehicle operator to speak on a cellular phone without holding the phone or some part of the phone with his hands.

(d) The term "E911" shall have the meaning ascribed in Section 19-5-303.

(2) (a) A person * * * shall not operate a motor vehicle on a highway while using a cellular telephone or a personal digital assistant to send or receive a written message while the motor vehicle is in motion.

(b) A person eighteen (18) years of age or older shall not operate a motor vehicle while using a cellular telephone without using hands-free accessories.

(3) This section does not apply to any of the following:

(a) Law enforcement and safety personnel;

(b) Drivers of authorized emergency vehicles;

(d) * * * A person who believes that the person or another person is in physical danger * * *;

(e) Calls made or text messages sent while the vehicle is parked; * * *

(f) The use of a cellular telephone or a personal digital assistant for the sole purpose of communicating with any of the following regarding an emergency situation:

(i) An emergency response or E911 operator;

(ii) A hospital, physician's office or health clinic;

(iii) A provider of ambulance services;

(iv) A provider of fire fighting services;

(v) A law enforcement agency;

(g) The use of technology utilizing a cellular connection to a vehicle to relay vehicle operational information between the vehicle and a call center or repair facility; and

(h) A vehicle navigation system utilizing a cellular connection to update databases and provide real-time traffic information.

(4) (a) A violation of this section is a misdemeanor, and upon conviction, is punishable by a fine not to exceed Five Hundred Dollars ($500.00).

(b) A person in violation of this section at the time the person is involved in a motor vehicle accident shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) in addition to any other fine or penalty that may be imposed by law.

(c) A law enforcement officer investigating a motor vehicle accident in which a person is cited for violating this section * * * shall indicate on the written accident report * * * the use of a cellular telephone or a personal digital assistant to send or receive a written message * * * at the time of the accident.

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