MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary B

By: Representative Mettetal

House Bill 442

AN ACT TO AMEND SECTION 63-3-405, MISSISSIPPI CODE OF 1972, TO CREATE THE OFFENSE OF PROVIDING FALSE INFORMATION IN AN ACCIDENT REPORT AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 97-35-47, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-3-405, Mississippi Code of 1972, is amended as follows:

     63-3-405.  (1)  The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall, upon request and if available, exhibit his operator's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with.  Said driver shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.  No such driver who, in good faith and in the exercise of reasonable care, renders emergency care to any injured person at the scene of an accident or in transporting said injured person to a point where medical assistance can be reasonably expected, shall be liable for any civil damages to said injured person as a result of any acts committed in good faith and in the exercise of reasonable care or omission in good faith and in the exercise of reasonable care by such driver in rendering the emergency care to said injured person.

     (2)  Any person who provides false information in an accident report shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment in the county jail for not more than thirty (30) days, or both.

     SECTION 2.  Section 97-35-47, Mississippi Code of 1972, is amended as follows:

     97-35-47.  (1)  It shall be unlawful for any person to report a crime or any element of a crime to any law enforcement or any officer of any court, by any means, knowing that such report is false.  A violation of this section shall be punishable by imprisonment in the county jail not to exceed one (1) year or by fine not to exceed Five Thousand Dollars ($5,000.00), or both.  In addition to any fine and imprisonment, and upon proper showing made to the court, the defendant shall be ordered to pay as restitution to the law enforcement agency reimbursement for any reasonable costs directly related to the investigation of the falsely reported crime and the prosecution of any person convicted under this section.

     (2)  Providing false information in an accident report shall be governed by Section 63-3-405.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2013.