Senate Bill 2760

AN ACT TO AMEND SECTION 63-3-1213, MISSISSIPPI CODE OF 1972, TO CREATE A REBUTTABLE PRESUMPTION THAT USING A HANDHELD WIRELESS DEVICE WHILE DRIVING CONSTITUTES CARELESS DRIVING; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-3-1213, Mississippi Code of 1972, is amended as follows:

63-3-1213. Any person who drives any vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances is guilty of careless driving. Careless driving shall be considered a lesser offense than reckless driving. It is a rebuttable presumption that a person who uses a handheld wireless device while driving is in violation of this section.

Every person convicted of careless driving shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00) and the state assessments for traffic violations under Section 99-19-73 shall not be imposed and collected for a violation of this section.

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