MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Hale, Brown, Burton, Jackson (11th), Jackson (32nd), Jordan, Norwood, Stone

Senate Bill 2603

AN ACT TO AMEND SECTION 63-3-411, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RESPONSIBILITY FOR INVESTIGATION OF MOTOR VEHICLE AND OTHER ACCIDENTS ON CERTAIN PORTIONS OF FEDERALLY DESIGNATED CONTROLLED-ACCESS INTERSTATE HIGHWAYS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-3-411, Mississippi Code of 1972, is amended as follows:

     63-3-411.  (1)  The driver of a vehicle involved in an

accident resulting in injury to or death of any person or total property damage to an apparent extent of Five Hundred Dollars ($500.00) or more shall immediately, by the quickest means of communication, give notice of the collision to the local police department * * * if the collision occurs within an incorporated municipality, or * * *if the collision occurs outside of an incorporated municipality to the nearest sheriff's office or highway patrol station.

     (2)  The department may require any driver of a vehicle involved in an accident * * *, of which report must be made as provided in that is required to be reported by this section, to file supplemental reports whenever the original report is insufficient in the opinion of the department.  Additionally, the department may require witnesses of accidents to render reports to the department.

     (3)  For all accidents required to be reported by this section, it shall be the duty of:

          (a)  The highway patrol or the sheriff's office to investigate * * * all accidents required to be reported by this section when the accident occurs outside the corporate limits of a municipality * * *, ; and * * *it shall be the duty of

          (b)  The police department of each municipality to investigate * * * all accidents required to be reported by this section when the * * * accidents accident occurs within the corporate limits of the municipality including on a portion of a federally designated controlled-access interstate highway if there exists an agreement between the governing authority of the municipality and the Mississippi Highway Safety Patrol for the municipality to investigate the accidents; and

          (c)  The highway patrol when the accident occurs within the corporate limits of the municipality on a portion of a federally designated controlled-access interstate highway if an agreement does not exist between the governing authority of the municipality and the Mississippi Highway Safety Patrol for the municipality to investigate the accidents.

     Every law enforcement officer who investigates an accident as required by this subsection, whether the investigation is made at the scene of the accident or by subsequent investigation and interviews, shall forward within six (6) days after completing the investigation a written report of the accident to the department if the accident occurred outside the corporate limits of a municipality, or to the police department of the municipality if the accident occurred within the corporate limits of * * *such the municipality.  Police departments shall forward * * *such the reports to the department within six (6) days of the date of the accident unless the police department itself received the report from the department.

     (4)  Whenever an engineer of a railroad locomotive, or other person in charge of a train, is required to show proof of his identity under the provisions of this article, in connection with operation of such locomotive, to any law enforcement officer, * * *such the person shall not be required to display his operator's or chauffeur's license but shall display his railroad employee number.

     (5)  In addition to the information required on the "statewide uniform traffic accident report" forms provided by Section 63-3-415, the department shall require the parties involved in an accident and the witnesses of * * *such the accident to furnish their phone numbers in order to assist the investigation by law enforcement officers.

     SECTION 2.  This act shall take effect and be in force from and after its passage.