Senate Bill 2854

(As Passed the Senate)

AN ACT TO AMEND SECTION 63-11-37, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF PUBLIC SAFETY TO DECLINE TO SUSPEND AN OPERATOR'S LICENSE IF THE COURT CLERK DOES NOT TIMELY SUBMIT THE ABSTRACT OF THE COURT RECORD; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-11-37, Mississippi Code of 1972, is amended as follows:

63-11-37. (1) It shall be the duty of the * * * ~~trial judge~~ court clerk, upon conviction of any person under Section 63-11-30, to mail a true and correct copy of the traffic ticket, citation or affidavit evidencing the arrest that resulted in the conviction and a copy of the abstract of the court record within five (5) days to the Commissioner of Public Safety at Jackson, Mississippi. The * * * ~~trial judge~~ court clerk in municipal and justice courts shall show on the docket and the * * * ~~trial judge~~ court clerk in courts of record shall show on the minutes:

(a) Whether or not a chemical test was given and the results of the test;

(b) Where conviction was based in whole or in part on the results of such a test.

The abstract of the court record shall show the date of the conviction, the results of the test if there was one and the penalty so that a record of same may be made by the Department of Public Safety.

For the purposes of Section 63-11-30, a bond forfeiture shall operate as and be considered as a conviction.

(2) The commissioner is hereby authorized to decline to suspend the license of an operator if the abstract of the court record is received by the Department of Public Safety more than thirty (30) days after the entry of the judgment.

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