MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary B
By: Representative Gunn
AN ACT TO AMEND SECTION 63-11-30, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS CONVICTED OF DUI WILL ONLY BE ALLOWED TO OPERATE A VEHICLE EQUIPPED WITH AN IGNITION INTERLOCK DEVICE; TO PROVIDE A DRIVER'S LICENSE THEREFOR; TO REMOVE HARDSHIP PROVISIONS; TO CREATE AN AGGRAVATED LEVEL OF THE OFFENSE; TO REQUIRE MANDATORY PROBATION; TO AMEND SECTION 63-11-31, MISSISSIPPI CODE OF 1972, TO REVISE IGNITION INTERLOCK; TO AMEND SECTION 63-1-21, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE IGNITION INTERLOCK RESTRICTED DRIVER'S LICENSE; TO AMEND SECTION 63-1-43, MISSISSIPPI CODE OF 1972, TO PROVIDE A FEE FOR SUCH LICENSE AND TO CREATE THE IGNITION INTERLOCK DEVICE FUND; TO AMEND SECTION 63-1-47, MISSISSIPPI CODE OF 1972, TO SPECIFY THE TERM AND RENEWAL OF SUCH LICENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-11-30, Mississippi Code of 1972, is amended as follows:
63-11-30. (1) It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired the person's ability to operate a motor vehicle; (c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, in the person's blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter; (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or (e) has an alcohol concentration of four one-hundredths percent (.04%) or more in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of the person's blood, breath or urine, administered as authorized by this chapter for persons operating a commercial motor vehicle.
(2) (a) Except as otherwise provided in subsection (3), upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail or both; and the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail. In addition, the Department of Public Safety, the Commissioner of Public Safety or his duly authorized agent shall, after conviction and upon receipt of the court abstract, suspend the driver's license and driving privileges of the person for thirty (30) days. Immediately following license suspension the court shall order the person to obtain an ignition interlock restricted driver's license, and the person may only operate a vehicle equipped with an ignition interlock device for a period of at least six (6) months following a thirty-day hard mandatory license suspension upon conviction, and the person shall attend and successfully complete an alcohol safety education program as herein provided before being eligible for an unrestricted driver's license. Commercial driving privileges shall be suspended as provided in Section 63-1-83.
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(b) Except as otherwise provided in subsection (3), upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than one (1) year and sentenced to community service work for not less than ten (10) days nor more than one (1) year. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. Except as may otherwise be provided by paragraph (d) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of the person for forty-five (45) days upon conviction. Driving privileges shall not be restored except by means of an ignition interlock restricted driver's license for two (2) years in which the person is restricted to driving a vehicle equipped with an ignition interlock device following the commission of the offense. Suspension of a commercial driver's license shall be governed by Section 63-1-83. Upon any second conviction as described in this paragraph, the court shall ascertain whether the defendant is married, and if the defendant is married shall obtain the name and address of the defendant's spouse; the clerk of the court shall submit this information to the Department of Public Safety. Further, the commissioner shall notify in writing, by certified mail, return receipt requested, the owner of the vehicle and the spouse, if any, of the person convicted of the second violation of the possibility of forfeiture of the vehicle if such person is convicted of a third violation of subsection (1) of this section. The owner of the vehicle and the spouse shall be considered notified under this paragraph if the notice is deposited in the United States mail and any claim that the notice was not in fact received by the addressee shall not affect a subsequent forfeiture proceeding.
For any second or subsequent conviction of any person under this section, the person shall also be subject to the penalties set forth in Section 63-11-31.
(c) Except as otherwise provided in subsection (3), for any third or subsequent conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections; provided, however, that for any such offense which does not result in serious injury or death to any person, any sentence of incarceration may be served in the county jail rather than in the State Penitentiary at the discretion of the circuit court judge. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. * * * Except as may otherwise be provided by paragraph (e) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of the person for forty-five (45) days upon conviction. Driving privileges shall not be restored except by means of an ignition interlock restricted driver's license for five (5) years in which the person is restricted to driving a vehicle equipped with an ignition interlock device following release from incarceration. The suspension of a commercial driver's license shall be governed by Section 63-1-83.
(d) Except as otherwise provided in subsection (3), any person convicted of a second violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment of an alcohol and/or drug abuse problem, the person shall successfully complete treatment for any alcohol and/or drug abuse problem at a program site certified by the Department of Mental Health. * * * Each person who receives a diagnostic assessment shall pay a fee representing the cost of the assessment. Each person who participates in a treatment program shall pay a fee representing the cost of the treatment.
(e) Except as otherwise provided in subsection (3), any person convicted of a third or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, the person shall enter an alcohol and/or drug abuse program approved by the Department of Mental Health for treatment of such person's alcohol and/or drug abuse problem. * * *
(f) The Department of Public Safety shall promulgate rules and regulations for the use of interlock ignition devices as provided in Section 63-11-31 and consistent with the provisions therein. Such rules and regulations shall provide for the calibration of the devices and shall provide that the cost of the use of the systems shall be borne by the offender. The Department of Public Safety shall approve which vendors of such devices shall be used to furnish such systems.
(3) (a) This subsection shall be known and may be cited as Zero Tolerance for Minors. The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%). If the person's blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply.
(b) Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, the person shall have his driver's license suspended for thirty (30) days immediately upon conviction and shall be fined Two Hundred Fifty Dollars ($250.00); and the court shall order such person to attend and complete an alcohol safety education program as provided in Section 63-11-32. Immediately following the license suspension the court shall order the person to obtain an ignition interlock driver's license and only operate a vehicle equipped with an ignition interlock device for a period of at least one (1) year following a thirty-day mandatory license suspension. The court may also require attendance at a victim impact panel.
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(c) Upon any second conviction of any person under the age of twenty-one (21) years violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be fined not more than Five Hundred Dollars ($500.00) and the court shall order the person's license suspended for forty-five (45) days, and immediately following the license suspension the person shall obtain an ignition interlock restricted driver's license and only operate a vehicle equipped with an ignition interlock device for a period of at least two (2) years.
(d) For any third or subsequent conviction of any person under the age of twenty-one (21) years violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than One Thousand Dollars ($1,000.00) and the court shall order the person's license suspended for forty-five (45) days upon conviction, and immediately following the license suspension the person shall obtain an ignition interlock restricted driver's license and only operate a vehicle equipped with an ignition interlock device for a period of at least five (5) years.
(e) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section shall complete treatment of an alcohol and/or drug abuse program at a site certified by the Department of Mental Health.
(f) The court shall have the discretion to rule that a first offense of this subsection by a person under the age of twenty-one (21) years shall be nonadjudicated. Such person shall be eligible for nonadjudication only once. The Department of Public Safety shall maintain a confidential registry of all cases which are nonadjudicated as provided in this paragraph. A judge who rules that a case is nonadjudicated shall forward such ruling to the Department of Public Safety. Judges and prosecutors involved in implied consent violations shall have access to the confidential registry for the purpose of determining nonadjudication eligibility. A record of a person who has been nonadjudicated shall be maintained for five (5) years or until the person reaches the age of twenty-one (21) years. Any person whose confidential record has been disclosed in violation of this paragraph shall have a civil cause of action against the person and/or agency responsible for such disclosure.
(g) Every person convicted under this subsection shall be subject to mandatory supervised probation at the sole expense of the offender for the duration of the requirement that the privilege to drive will be granted only under an ignition interlock restricted driver's license.
(4) In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of his breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of the test in any prosecution, shall suffer an additional suspension of driving privileges as follows:
The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or permit to drive or deny the issuance of a license or permit to such person as provided for first, second and third or subsequent offenders in subsection (2) of this section. The suspension shall be in addition to any suspension imposed pursuant to subsection (1) of Section 63-11-23. The minimum suspension imposed under this subsection shall not be reduced and no prosecutor is authorized to offer a reduction of the suspension as part of a plea bargain.
(5) Aggravated DUI.
(a) Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each such death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each such death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.
(b) Any of the following elements shall constitute an aggravating factor of an offense under this section:
(i) An alcohol concentration of fifteen one-hundredths percent (.15%) or more in the person's blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter;
(ii) Any minor under sixteen (16) years of age who is a passenger in the vehicle at the time of the offense.
(c) For any person convicted of aggravated DUI, the court shall order the person's license suspended for forty-five (45) days, and immediately following the license suspension the person shall obtain an ignition interlock restricted driver's license and shall only be permitted to operate a vehicle equipped with an ignition interlock device for a period of at least one (1) year for a first aggravated DUI conviction and two (2) years for a second aggravated DUI conviction.
(6) Upon conviction of any violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit. The judge shall cause a copy of the traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction, to be sent to the Commissioner of Public Safety. A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.
(7) Convictions in other states of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring after July 1, 1992, shall be counted for the purposes of determining if a violation of subsection (1) of this section is a first, second, third or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.
(8) For the purposes of determining how to impose the sentence for a second, third or subsequent conviction under this section, the indictment shall not be required to enumerate previous convictions. It shall only be necessary that the indictment state the number of times that the defendant has been convicted and sentenced within the past five (5) years under this section to determine if an enhanced penalty shall be imposed. The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third or subsequent offense of this section.
(9) Any person under the legal age to obtain a license to operate a motor vehicle convicted under this section shall not be eligible to receive such license until the person reaches the age of eighteen (18) years.
(10) Suspension of driving privileges for any person convicted of violations of Section 63-11-30(1) shall run consecutively.
(11) The court shall order the use of any ignition interlock device as provided in Section 63-11-31.
SECTION 2. Section 63-11-31, Mississippi Code of 1972, is amended as follows:
63-11-31. (1) (a) In addition to the penalties authorized for any first or subsequent convictions of Section 63-11-30, the court shall order the installation of an ignition interlock device which cost shall be paid by the person convicted unless the court determines that the person is indigent. Anyone convicted under Section 63-11-30 shall pay, in addition the fines or penalties provided therein, a fee of not less than Thirty Dollars ($30.00) nor more than One Hundred Dollars ($100.00) to the court upon such conviction. The fee shall be deposited in the Ignition Interlock Device Fund in the State Treasury. The fund shall be administered by the Driver's License Bureau of the Department of Public Safety. For the purpose of this section, "ignition interlock device" means a device which connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if the driver's blood alcohol level exceeds the calibrated setting on the device.
(b) A person may not tamper with, or in any way attempt to circumvent the ignition interlock device ordered by the court. A violation of this paragraph (b) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year or both and the person that the court ordered to use an ignition interlock device shall have not less an additional ninety (90) days restriction added to the ignition interlock restricted driver's license.
(c) When a court orders a person to operate only a motor vehicle which is equipped with a functioning ignition interlock device, the court shall establish a specific calibration setting no lower than two one-hundredths percent (.02%) nor more than four one-hundredths percent (.04%) blood alcohol concentration at which the ignition interlock device will prevent the motor vehicle from being started.
(d) Upon ordering use of an ignition interlock device, the court shall:
(i) State on the record the requirement for and the period of use of the device, and so notify the Department of Public Safety;
(ii) Direct that the records of the department reflect that the person shall not operate a motor vehicle that is not equipped with an ignition interlock device;
(iii) Direct the department to attach or imprint a notation on the driver's license of any person restricted under this section stating that the person shall operate only a motor vehicle equipped with an ignition interlock device;
(iv) Require proof of the installation of the device and periodic reporting by the person for verification of the proper operation of the device;
(v) Require the person to have the system monitored for proper use and accuracy by an entity approved by the department at least semiannually, or more frequently as the circumstances may require;
(vi) Require the person to pay the reasonable cost of leasing or buying, monitoring, and maintaining the device, and may establish a payment schedule therefore.
(e) (i) 1. A person prohibited under this or any other section from operating a motor vehicle that is not equipped with an ignition interlock device shall not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
2. A person may not attempt to start or start a motor vehicle equipped with an ignition interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited under this section from operating a motor vehicle that is not equipped with an ignition interlock device.
3. A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition interlock device that has been installed in a motor vehicle.
4. A person may not knowingly provide a motor vehicle not equipped with a functioning ignition interlock device to another person who the provider of such vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition interlock device.
(ii) A violation of this paragraph (e) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year, or both.
(iii) A person shall not be in violation of this paragraph (e) if:
1. The starting of a motor vehicle equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the court order does not operate the vehicle; or
2. The court finds that a person is required to operate a motor vehicle in the course and scope of the person's employment. If the vehicle is owned by the person's employer, the person may operate that vehicle during regular working hours for the purposes of employment without installation of an ignition interlock device if the employer has been notified of such driving privilege restriction and if proof of that notification is kept with the vehicle at all times. This employment exemption does not apply if the business entity that owns the vehicle is owned or controlled by the person who is prohibited from operating the motor vehicle not equipped with an ignition interlock device.
(f) (i) A judge may also order that the vehicle owned or operated by a person or a family member of any person who committed a violation of Section 63-11-30 be equipped with an ignition interlock device for all or a portion of the time the driver's license of the operator of such vehicle is suspended or restricted pursuant to this section, if:
1. The operator of the vehicle used to violate Section 63-11-30 has at least one (1) prior conviction for driving a motor vehicle when such person's privilege to do so is cancelled, suspended or revoked as provided by Section 63-11-30; or
2. The driver's license of the operator of such vehicle was cancelled, suspended or revoked at the time of the violation of Section 63-11-30.
(ii) The provisions of this paragraph (f) shall not apply if the vehicle used to commit the violation of Section 63-11-30, was, at the time of such violation, rented or stolen.
(3) The provisions of this section are supplemental to the provisions of Section 63-11-30.
SECTION 3. Section 63-1-21, Mississippi Code of 1972, is amended as follows:
63-1-21. (1) To obtain a new or original driver's or operator's license, every applicant other than a person holding an out-of-state license shall first obtain a temporary driving permit by paying a fee of One Dollar ($1.00) to the Department of Public Safety, successfully completing the examination provided for in Section 63-1-33, and paying the examination fee provided for in Section 63-1-43.
(2) A temporary driving permit entitles the holder, provided the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-one (21) years of age and who is actually occupying the seat beside the driver. A temporary driving permit may be issued to any applicant who is at least fifteen (15) years of age. A temporary driving permit shall be valid for a period of two (2) years from the date of issue.
(3) (a) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 11:30 p.m. Friday and Saturday, and allows unsupervised driving any time for a person traveling directly to or from work. At all other times the intermediate licensee must be supervised by a parent, guardian or other person age twenty-one (21) years or older who holds a valid driver's license under this article and who is actually occupying the seat beside the driver.
(b) The fee for issuance of an intermediate license shall be Five Dollars ($5.00).
(4) An ignition interlock restricted driver's license allows a person to drive only a motor vehicle with an ignition interlock device.
(5) Except as otherwise provided by Section 63-1-6, every applicant for a restricted motorcycle operator's license or a motorcycle endorsement shall first obtain a temporary motorcycle driving permit by paying a fee of One Dollar ($1.00) to the Department of Public Safety, successfully completing the examination provided for in Section 63-1-33, and paying the examination fee provided for in Section 63-1-43. All applicants for a temporary motorcycle permit shall:
(a) Be at least fifteen (15) years of age;
(b) Operate a motorcycle only under the direct supervision of a person at least twenty-one (21) years of age who possesses either a valid driver's or operator's license with a motorcycle endorsement or a valid restricted motorcycle operator's license;
(c) Be prohibited from transporting a passenger on a motorcycle;
(d) Be prohibited from operating a motorcycle upon any controlled access highway; and
(e) Be prohibited from operating a motorcycle during the hours of 6:00 p.m. through 6:00 a.m. Temporary motorcycle driving permits shall be valid for the same period of time and may be renewed upon the same conditions as temporary driving permits issued for vehicles other than motorcycles.
SECTION 4. Section 63-1-43, Mississippi Code of 1972, is amended as follows:
63-1-43. (1) The fee for receiving the application and issuing the regular driver's or operator's license and the fee for renewing the license shall be:
(a) Eighteen Dollars ($18.00) plus the applicable photograph fee for each applicant for a four-year license;
(b) Forty Dollars ($40.00) plus the applicable photograph fee for each applicant for an eight-year license;
(c) Three Dollars ($3.00) plus the applicable photograph fee for each applicant for a one-year license, except as provided in paragraph (d) of this subsection; * * *
(d) Eighteen Dollars ($18.00) plus the applicable photograph fee for a license for an applicant who is not a United States citizen and who does not possess a social security number issued by the United States government; and
(e) (i) Twenty-five Dollars ($25.00) payable monthly for an ignition interlock restricted driver's license.
(ii) There is created in the State Treasury a special fund to be known as the Ignition Interlock Device Fund. The purpose of the fund shall be to provide funding for the Driver's License Bureau of the Department of Public Safety and also to provide funding assistance for ignition interlock devices for persons determined by the court to be unable to afford the installation and maintenance of an ignition interlock device. Monies from the fund shall be distributed by the State Treasurer upon warrants issued by the Department of Public Safety. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of:
1. Monies appropriated by the Legislature for the purposes of funding the Driver's License Bureau;
2. The interest accruing to the fund;
3. Monies received under paragraph (e) as payment of the monthly fee for an ignition interlock restricted driver's license;
4. Monies paid by a person convicted pursuant to Section 63-11-31(1)(a); and
5. Monies received from such other sources as may be provided by law.
All originals and renewals of regular operators' licenses shall be in compliance with Section 63-1-47.
(2) The fee for receiving the application and issuing a motorcycle endorsement shall be Five Dollars ($5.00) when issued as an endorsement to a four-year license, and Ten Dollars ($10.00) when issued as an endorsement to an eight-year license. Motorcycle endorsements shall be valid for the same period of time as the applicant's operator's license.
(3) The fee for receiving the application and issuing a restricted motorcycle operator's license and the fee for renewing such license shall be:
(a) Eleven Dollars ($11.00) plus the applicable photograph fee for a four-year license;
(b) Eight Dollars ($8.00) plus the applicable photograph fee for a one-year license; and
(c) Twenty-two Dollars ($22.00) plus the applicable photograph fee for an eight-year license.
All originals and renewals of restricted motorcycle licenses shall be valid for the same period of time that an original regular driver's license may be issued to such person in compliance with Section 63-1-47.
(4) From and after January 1, 1990, every person who makes application for an original license or a renewal license to operate a vehicle as a common carrier by motor vehicle, taxicab, passenger coach, dray, contract carrier or private commercial carrier as such terms are defined in Section 27-19-3, except for those vehicles for which a Class A, B or C license is required under Article 5 of this chapter, shall, in lieu of the regular driver's license above provided for, apply for and obtain a Class D commercial driver's license. Except as otherwise provided in subsection (5) of this section, the fee for the issuance of a Class D commercial driver's license shall be Twenty-three Dollars ($23.00) plus the applicable photograph fee for a period of four (4) years; however, except as required under Article 5 of this chapter, no driver of a pickup truck shall be required to have a commercial license regardless of the purpose for which the pickup truck is used.
Except as otherwise provided in subsection (5) of this section, all originals and renewals of commercial licenses issued under this section shall be valid for a period of four (4) years, in compliance with Section 63-1-47. Only persons who operate the above-mentioned vehicles in the course of the regular and customary business of the owner shall be required to obtain a Class D commercial operator's license, and persons operating such vehicles for private purposes or in emergencies shall not be required to obtain such license.
(5) The original and each renewal of a commercial driver's license issued under this section to a person who is not a United States citizen and who does not possess a social security number issued by the United States government shall be issued for a period of one (1) year for a fee of Eight Dollars ($8.00) plus the applicable photograph fee and shall expire one (1) year from the date of issuance. Such person may renew a commercial license issued under this section within thirty (30) days of expiration of the license.
(6) The Commissioner of Public Safety, by rule or regulation, shall establish a driver's license photograph fee which shall be the actual cost of the photograph rounded off to the next highest dollar. Monies collected for the photograph fee shall be deposited into a special photograph fee account which the Department of Public Safety shall use to pay the actual cost of producing the photographs. Any monies collected in excess of the actual costs of the photography shall be deposited to the General Fund of the State of Mississippi.
SECTION 5. Section 63-1-47, Mississippi Code of 1972, is amended as follows:
63-1-47. (1) Except as otherwise provided in this section, each applicant for an original license issued pursuant to this article, who is entitled to issuance of same, shall be issued a four-year license or an eight-year license, at the option of the applicant, which will expire at midnight on the licensee's birthday.
(a) Except as otherwise provided in this section, all renewal licenses shall be for a four-year period or an eight-year period, at the option of the applicant, and may be renewed any time within six (6) months before the expiration of the license upon application and payment of the required fee, unless required to be reexamined.
(b) From and after January 1, 1990, no commercial driver's license shall be issued under the provisions of this article for any commercial motor vehicle, the lawful operation of which requires the driver to obtain a Class A, B or C commercial driver's license under Article 5 of this chapter; however, from time to time, the holder of a commercial license may apply for a commercial driver's license under Article 5 of this chapter; and, if he fails to pass the required test for such license, he shall be entitled to an extension of his license that shall be valid for one hundred twenty (120) days or until he again is tested under Article 5 of this chapter, whichever occurs first. The extension shall entitle the license holder to operate all vehicles which such license authorized him to operate prior to taking the required test. The first extension shall be without charge; however, a fee of Fifteen Dollars ($15.00) shall be imposed for any subsequent extension. No extension shall be valid past March 31, 1992.
(2) Any commercial driver's license issued under this article before January 1, 1990, which expires after March 31, 1992, shall be void on April 1, 1992, for the operation of any commercial vehicle requiring a commercial license to be issued under Article 5 of this chapter; however, if the holder of any such license applies for a commercial driver's license under Article 5 of this chapter, passes the required tests for such license, pays all applicable fees under Article 5 of this chapter except the Forty Dollars ($40.00) license fee and otherwise meets all requirements for the issuance of such license, then such person shall be issued a license under Article 5 of this chapter which shall expire on the expiration date of the commercial driver's license being replaced.
(3) The fee for the issuance of an original and renewals of a Class D commercial driver's license under this article to an applicant who is not a United States citizen and who does not possess a social security number issued by the United States government and the period for which such license will be valid and expire shall be as prescribed in Section 63-1-43.
(4) The Commissioner of Public Safety shall notify, by United States mail addressed to the last known address of record with the Department of Public Safety, all holders of a commercial driver's license issued under this article before January 1, 1990, and which expires after March 31, 1992, that such license will be void on and after April 1, 1992, for the operation of any vehicle for which a commercial driver's license is required to be issued under Article 5 of this chapter.
(5) Any person holding a valid commercial driver's license issued under this article before January 1, 1990, shall continue thereafter, until expiration of such license, to be entitled to operate all vehicles which such license authorized him to operate immediately before January 1, 1990, except that from and after April 1, 1992, such license shall not entitle the licensee to operate a commercial motor vehicle the lawful operation of which requires a commercial driver's license under Article 5 of this chapter.
(6) (a) All applications by an operator under eighteen (18) years of age must be accompanied by documentation that the applicant is in compliance with the education requirements of Section 63-1-9(1)(g), and the documentation used in establishing compliance must be dated no more than thirty (30) days prior to the date of application.
(b) All applications by an operator under eighteen (18) years of age, if applicable, must be accompanied by documentation signed and notarized by the parent or guardian of the applicant and the appropriate school official, authorizing the release of the applicant's attendance records to the Department of Public Safety as required under Section 63-1-10.
(c) The commissioner shall suspend the driver's license, intermediate license or temporary learning permit of a student under eighteen (18) years of age who has been reported by the Department of Education as required by Section 63-1-10.1, and shall give notice of the suspension to the licensee as provided in Section 63-1-52(4). A school superintendent or designee may request that the driver's license, intermediate license or temporary learning permit that has been suspended under the provisions of this subsection be reinstated after the student has successfully completed nine (9) weeks of school attendance without an unlawful absence.
(7) (a) Any original or renewal license issued under this article to a person who is not a United States citizen and who does not possess a social security number issued by the United States government shall expire four (4) years from the date of issuance or on the expiration date of the applicant's authorized stay in the United States, whichever is the lesser period of time, and may be renewed, if the person is otherwise qualified to renew the license, within thirty (30) days of expiration. The fee for any such license and for renewal shall be as prescribed in Section 63-1-43.
(b) Any applicant for an original or renewal license under this subsection (7) must present valid documentary evidence documenting that the applicant:
(i) Is a citizen or national of the United States;
(ii) Is an alien lawfully admitted for permanent or temporary residence in the United States;
(iii) Has conditional permanent residence status in the United States;
(iv) Has approved application for asylum in the United States or has entered into the United States in refugee status;
(v) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into or lawful presence in the United States;
(vi) Has a pending application for asylum in the United States;
(vii) Has a pending or approved application for temporary protected status in the United States;
(viii) Has approved deferred action status;
(ix) Has pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States; or
(x) Has a valid employment authorization card issued by the United States Department of Homeland Security.
(8) Except as otherwise provided in this article, each applicant for an ignition interlock restricted driver's license issued pursuant to this article who is entitled to such issuance shall be issued the license for the period of time as provided by this article and as ordered by the court.
SECTION 6. This act shall take effect and be in force from and after July 1, 2012.