MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division B
By: Senator(s) Gollott
AN ACT TO CREATE SECTION 63-3-217, MISSISSIPPI CODE OF 1972, TO PROHIBIT TEXTING WHILE DRIVING; TO DEFINE CERTAIN TERMS; TO PROVIDE EXEMPTIONS; TO PROHIBIT CELL PHONE USE BY CERTAIN MINORS; TO PROVIDE PENALTIES FOR VIOLATIONS; TO REPEAL SECTION 63-1-73, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS TEXTING WHILE DRIVING BY THE HOLDERS OF TEMPORARY AND INTERMEDIATE LICENSES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 63-3-217, Mississippi Code of 1972:
63-3-217. (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) The term "E911" shall have the meaning ascribed in Section 19-5-303.
(2) 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.
(3) This section does not apply to any of the following:
(a) Law enforcement and safety personnel;
(b) Drivers of authorized emergency vehicles;
(c) A person who is reporting reckless or negligent behavior;
(d) A person who believes that the person or another person is in physical danger;
(e) 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 firefighting 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. Section 63-1-73, Mississippi Code of 1972, prohibiting texting while driving by the holders of temporary and intermediate licenses, is repealed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.