MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary, Division B
By: Senator(s) Hill
AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR TEXTING WHILE DRIVING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-33-1, Mississippi Code of 1972, is amended as follows:
63-33-1. (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 (1) hand. The term "hand-held
mobile telephone" shall 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) "Social
networking site" means any web-based service that allows individuals to
construct a profile within a founded system, articulate a list of other users
with whom they share a connection, and communicate with other users of the site * * *.
(d) "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 * * *.
(e) "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 * * *.
(f) "Writing," "sending" and "reading," with respect to a text message, means the manual entry, sending, or retrieval of a text message, respectively, to communicate with any person or device.
(2) An operator of a moving
motor vehicle is prohibited from writing, sending * * * or reading a text message and from accessing,
reading or posting to a social networking site using a hand-held mobile
telephone while driving said motor vehicle.
(3) (a) Except as
provided in paragraph (b) of this subsection, a violation of this section
is a * * * misdemeanor punishable
by a * * *
penalty of * * *
One Hundred Dollars ($100.00) * * *.
No state assessments under this paragraph (a) shall be imposed or
collected for a violation under this section.
(b) A person who violates subsection (2) of this section and thereby negligently causes either the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections as follows:
(i) If death of another results, by life in prison without possibility of parole for twenty-five (25) years, unless at the time of sentencing the court specifies eligibility for parole at an earlier date, but in no case until after at least five (5) years of imprisonment; or
(ii) If mutilation, disfigurement or other injury less than death results, by not less than five (5) years nor more than twenty-five (25) years for each mutilation, disfigurement or other injury;
(iii) Imprisonment for multiple offenses, in the discretion of the court, may run consecutively or concurrently.
(4) The Department of
Public Safety shall keep and maintain records of citations issued under this
section, including the age * * * of the vehicle operator, whether there
was an additional traffic violation by the vehicle operator, and whether there
was a crash or any damage to a vehicle or passenger at the time of the
citation.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.