MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary A

By: Representative Wilson

House Bill 895

AN ACT TO AMEND SECTION 63-2-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FAILURE TO USE A SEAT BELT MAY BE CONSIDERED CONTRIBUTORY NEGLIGENCE, COMPARATIVE NEGLIGENCE OR A FAILURE TO MITIGATE DAMAGES IN CIVIL CASES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 63-2-3, Mississippi Code of 1972, is amended as follows:

     63-2-3.  * * *This chapter shall not be construed to create a duty, standard of care, right or liability between the operator and passenger of any passenger motor vehicle which is not recognized under the laws of the State of Mississippi as such laws exist on the date of passage of this chapter or as such laws may at any time thereafter be constituted by statute or court decision.  Failure to provide and use a seat belt restraint device or system shall not be considered contributory or comparative negligence, nor shall the violation be entered on the driving record of any individual. Failure to use a seat belt restraint device or system may be considered contributory negligence, comparative negligence or a failure to mitigate damages in civil cases.  A violation of this chapter shall not be entered on the driving record of any individual.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2017.

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