House Bill 1347

AN ACT TO CREATE A NEW SECTION TO BE CODIFIED AS 63-1-75, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF WIRELESS TELEPHONES OR ELECTRONIC COMMUNICATION DEVICES TO MAKE PHONE CALLS WHILE OPERATING A MOTOR VEHICLE EXCEPT WHEN THE WIRELESS TELEPHONE OR ELECTRONIC COMMUNICATION DEVICE IS HANDS-FREE; TO PROVIDE EXEMPTIONS FROM COMPLIANCE WITH THE REQUIREMENTS OF THIS ACT; TO PROVIDE THAT FROM JULY 1, 2012, THROUGH DECEMBER 31, 2013, A CONVICTION UNDER THIS ACT MUST OCCUR AS A SECONDARY OFFENSE AND SHALL NOT BE ENTERED ON THE DRIVING RECORD OF THE CONVICTED PERSON; TO PROVIDE THAT FROM AND AFTER JANUARY 1, 2014, A CONVICTION UNDER THIS ACT MAY OCCUR AS A PRIMARY OFFENSE AND SHALL BE ENTERED ON THE DRIVING RECORD OF THE CONVICTED PERSON; TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY NOT SEIZE OR EXAMINE THE WIRELESS TELEPHONE OR ELECTRONIC COMMUNICATION DEVICE OF A PERSON FOR THE PURPOSE OF DETERMINING A VIOLATION OF THIS SECTION; TO AMEND SECTION 63-1-216, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON SHALL BE DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE FOR CERTAIN AMOUNTS OF TIME FOR VIOLATIONS UNDER SECTION 63-1-75; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 63-1-75, Mississippi Code of 1972:

63-1-75. (1) The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway of this state shall be unlawful except when the telephone or device is a hands-free wireless telephone or electronic communication device, provided that its placement does not interfere with the operation of the motor vehicle.

(2) For the purposes of this section, "hands-free wireless telephone or electronic communication device" means a mobile telephone or electronic communication device that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone or electronic communication device, by which a user engages in a conversation without the use of either hand.

(3) The provisions of this section shall not apply if:

(a) The operator is any law enforcement officer, fire fighter or operator of an authorized emergency vehicle while engaged in the actual performance of official duties;

(b) The operator is using either hand simply to activate, deactivate or initiate a function of the telephone or electronic communication device; or

(4) (a) A violation of this section is a misdemeanor, and upon conviction, is punishable by a fine not to exceed One Hundred Dollars ($100.00).

(b) If the person violates this section at the time that he is involved in a motor vehicle accident, then the violation is punishable by a fine not to exceed Five Hundred Dollars ($500.00).

(c) The Commissioner of Public Safety shall suspend the driver's license for thirty (30) days of any person eighteen (18) years of age or younger convicted for the first offense of a violation of this section.

(d) The Commissioner of Public Safety shall suspend the driver's license for sixty (60) days of any person eighteen (18) years of age or younger convicted for a second or subsequent offense of a violation of this section.

(e) If the person is cited for violating this section, and the alleged violation occurred at the time the person was involved in a motor vehicle accident, and a written accident report is required, then the law enforcement officer investigating the accident shall indicate on the written accident form that the use of a wireless telephone or electronic communication device that is not a hands-free wireless telephone or electronic communication device occurred at the time of the accident.

(f) (i) From July 1, 2012, through December 31, 2013, conviction of a violation of this section shall not be entered on the driving record of the convicted person.

(ii) From and after January 1, 2014, conviction of a violation of this section shall be entered on the driving record of the convicted person.

(g) (i) From July 1, 2012, through December 31, 2013, no fine shall be imposed against the operator for a violation of this section, unless at the time the operator was charged with a violation of this section he also was charged with some other offense under Title 63, Mississippi Code of 1972, and he is convicted of both offenses.

(ii) From and after January 1, 2014, a fine shall be imposed against the operator for a violation of this section regardless of whether the operator was charged with a violation of any other offense.

(5) A law enforcement officer may not seize or examine the wireless telephone or electronic communication device of a person for the purposes of determining a violation of this section. SECTION 2. Section 63-1-216, Mississippi Code of 1972, is amended as follows:

63-1-216. (1) (a) A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if convicted of a first violation of:

(i) Operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence as provided in Section 63-11-30;

(ii) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

(iii) Using a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year;

(iv) Refusal to submit to a test to determine the operator's alcohol concentration, as provided in Title 63, Chapter 11, Mississippi Code of 1972;

(v) Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway with an alcohol concentration of eight one-hundredths percent (0.08%) or more, or under the influence of intoxicating liquor or other substance, as provided in Section 63-11-30;

(vi) Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely as provided in Section 63-11-30;

(vii) Operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified;

(viii) Operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.

(b) A person shall be disqualified from driving a commercial motor vehicle for three (3) years if convicted of a violation listed in subsection (1) of this section, if the violation occurred while transporting a hazardous material required to be placarded.

(c) A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two (2) or more violations or a combination of them listed in subsection (1) of this section arising from two (2) or more separate occurrences.

(d) A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period. A disqualification for three (3) serious traffic violations must be imposed consecutively to any other previous period of disqualification.

(e) A person shall be disqualified from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug and for which the person was convicted.

(f) A person who is disqualified from driving a commercial motor vehicle shall surrender the person's Mississippi commercial driver's license no later than the effective date of the disqualification. Upon receipt of the person's commercial driver's license, that person, if otherwise eligible, may apply for a non-CDL, and upon payment of sufficient fees receive the driver's license.

(g) The commissioner shall adopt rules establishing guidelines, including conditions, under which a disqualification for life under this section, except for a disqualification issued pursuant to paragraph (e) of this subsection, may be reduced to a period of not less than ten (10) years.

(h) A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.

(i) A person shall be disqualified from driving a commercial motor vehicle for a period of one hundred twenty (120) days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident.

(j) A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.

(k) A person who is simultaneously subject to a disqualification issued by the administrator of the Federal Motor Carrier Safety Administration pursuant to 49 CFR, Part 383.52 and a disqualification under any other provision of this section shall serve those disqualification periods concurrently.

(l) A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if the driver is convicted of a first violation under Section 63-1-75.

(m) A person shall be disqualified from driving a commercial motor vehicle for a period of one hundred twenty (120) days if, during any three-year period, the driver is convicted of a second violation under Section 63-1-75 in a separate incident.

(n) A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if, during any three-year period, the driver is convicted of a third or subsequent violation under Section 63-1-75 in separate incidents.

(2) (a) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for one (1) year, if:

(i) The person is convicted of a first violation of operating, attempting to operate or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence, as provided in Section 63-11-30; and

(ii) The person's commercial driver's license is issued by a state or country that does not issue commercial driver's licenses and disqualify persons in accordance with 49 CFR, Parts 383 and 384.

(b) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for three (3) years if the person is convicted of violating subsection (1) of this section, and the violation occurred while the person was transporting a hazardous material required to be placarded.

(c) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person is convicted a second time of violating subsection (1) of this section, and both convictions arise out of separate occurrences.

(d) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for sixty (60) days if the person is convicted of two (2) serious traffic violations, or for one hundred twenty (120) days if the person is convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period.

(e) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person uses a commercial motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year, involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug, and for which the person was convicted.

(f) In addition to the reasons specified in this section for suspension of the commercial driver's license, the commissioner shall be authorized to suspend the commercial driver's license of any person for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a commercial driver's license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 3. This act shall take effect and be in force from and after July 1, 2012.