House Bill 484

(As Passed the House)

AN ACT TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT PERSONS EIGHTEEN YEARS OF AGE OR YOUNGER FROM OPERATING A MOTOR VEHICLE WHILE USING A HAND-HELD MOBILE TELEPHONE TO WRITE, SEND OR READ A TEXT MESSAGE WHILE THE MOTOR VEHICLE IS MOVING; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-73, Mississippi Code of 1972, is amended as follows:

63-1-73. (1) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:

(a) "Hand-held mobile telephone" means a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends or reads a text message using at least one hand. The term "hand-held mobile telephone" does not include a voice-operated or hands-free device;

(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways;

(c) "Text message" includes a text-based message, instant message, electronic message, and email, but shall not include an emergency, traffic or weather alert or a message related to the operation or navigation of the motor vehicle;

(d) "Voice-operated or hands-free device" means a device that allows the user to write, send, or read a text message without the use of either hand except to activate, deactivate, or initiate a feature or function; and

(e) "Writing," "sending and "reading," with respect to a text message, mean the manual entry, sending, or retrieval of a text message, respectively, to communicate with any person or device.

(2) (a) * * * ~~A person~~ An operator of a moving motor vehicle who is * * * authorized to drive under an intermediate license, a temporary learning permit or a temporary driving permitshall not operate a motor vehicle on a highway while using a wireless communication device to send or receive a written message while the motor vehicle is in motion eighteen (18) years of age or younger is prohibited from writing, sending or reading a text message using a hand-held mobile telephone.

(b) A person shall not use a * * * ~~wireless communicationdevice~~hand-held mobile telephone while operating a passenger bus with a minor passenger on the bus, except for an emergency or, in the case of a school bus driver, for official school business or in an emergency.

(3) This section does not apply to any of the following:

(a) Law enforcement and safety personnel;

(b) Drivers of authorized emergency vehicles;

(d) A person who believes that the person or another person is in physical danger;

(e) * * * ~~Written~~Text messages * * *~~sent or received~~ written, sent or read while the motor vehicle is parked;

(f) The use of a * * * hand-held mobile telephone~~wireless communication device~~ 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 fire fighting services;

(v) A law enforcement agency;

(g) The use of technology utilizing a cellular connection to a motor vehicle to relay motor vehicle operational information between the motor vehicle and a call center or repair facility; and

(h) A motor 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 * * * Two Hundred Fifty Dollars ($250.00)~~Five Hundred Dollars ($500.00)~~.

(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 One Thousand Dollars ($1,000.00).

(c) A law enforcement officer investigating a motor vehicle accident in which a person is cited for violating subsection (2)(a) or (b) of this section shall indicate on the written accident report the use of a * * * ~~wireless communication device~~hand-held mobile telephone in violation of this section at the time of the accident.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.