MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary, Division B
By: Senator(s) Lee
AN ACT TO AMEND SECTION 63-1-55, MISSISSIPPI CODE OF 1972, TO REQUIRE AT LEAST 4 HOURS OF PHYSICAL, IN-PERSON, CLASSROOM INSTRUCTION, STUDENT WORKBOOKS, AN INSTRUCTOR MANUAL AND QUALIFIED INSTRUCTORS FOR A TRAFFIC SAFETY VIOLATOR COURSE APPROVED BY THE COURT AS AN ALTERNATIVE TO CONVICTION FOR CERTAIN OFFENDERS WHO ARE MINORS IN THE CONTROL OF A PARENT OR GUARDIAN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-55, Mississippi Code of 1972, is amended as follows:
63-1-55. (1) A
trial judge, in his discretion, if the person so convicted or who has entered a
plea of guilty for any traffic violation, except the offenses enumerated in
paragraphs (a) through (e) of subsection (1) of Section 63-1-51 and violations
of the Implied Consent Law and the Uniform Controlled Substances Law, is a
minor and dependent upon and subject to the care, custody and control of his
parents or guardian, may, in lieu of the penalties otherwise provided by law
and the provision of said section, suspend * * * the minor's driver's license by
taking and keeping same in custody of the court for a period of time not to
exceed ninety (90) days. The judge * * * ordering * * * the suspension shall enter upon his
docket "DEFENDANT'S DRIVER'S LICENSE SUSPENDED FOR ______ DAYS IN LIEU OF
CONVICTION" and * * *
this action by the trial judge shall not constitute a conviction. The
trial judge also may require the minor to successfully complete a * * * traffic safety violator
course approved by the judge as a condition of the suspension. Costs of court
and penalty assessment for driver education and training program may be imposed
in such actions within the discretion of the court. Should a minor appeal, in
the time and manner as by law provided, the decision whereby his license is
suspended, the trial judge shall then return said license to the minor and
impose the fines and penalties that he would have otherwise imposed and
same shall constitute a conviction.
(2) A court shall not approve a traffic safety violator course under this section that does not provide minimum qualifications for instructors and supply at least four (4) hours of instruction physically attended by the student in a classroom setting, an instructor's manual setting forth an appropriate curriculum, and student workbooks.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.