MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Highways and Transportation; Appropriations
By: Senator(s) Parker
AN ACT TO TRANSFER THE DRIVER SERVICES, STATE IDENTIFICATION AND FIREARM PERMITTING RESPONSIBILITIES OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY TO THE OFFICE OF SECRETARY OF STATE PURSUANT TO A MEMORANDUM OF UNDERSTANDING; TO AUTHORIZE THE SECRETARY OF STATE TO PROMULGATE RULES AND REGULATIONS TO FACILITATE THE TRANSFER; TO PROVIDE THAT DIGITAL IDENTIFICATION ISSUED BY THE SECRETARY OF STATE SHALL BE A VALID AND ACCEPTABLE FORM OF IDENTIFICATION; TO AUTHORIZE THE SECRETARY OF STATE TO ENTER INTO VENDOR CONTRACTS TO FACILITATE THE TRANSFER; TO AMEND SECTION 25-9-127, MISSISSIPPI CODE OF 1972, TO EXEMPT EMPLOYEES SUBJECT TO THE TRANSFER FROM RULES AND REGULATIONS OF THE STATE PERSONNEL BOARD; TO AMEND SECTIONS 45-35-1, 45-35-3, 45-35-7, 45-35-9, 45-35-11, 45-35-51, 45-35-53, 45-35-55, 45-35-61, 45-35-63, 45-35-65, 63-1-1, 63-1-3, 63-1-8, 63-1-9, 63-1-10, 63-1-11, 63-1-13, 63-1-15, 63-1-16, 63-1-17, 63-1-19, 63-1-21, 63-1-33, 63-1-34, 63-1-34.1, 63-1-35, 63-1-37, 63-1-45, 63-1-47, 63-1-49, 63-1-107, 63-1-202, 63-1-205, 63-1-208, 63-1-209, 63-1-210, 63-1-211, 63-1-214, 63-1-221, 63-1-226, 45-33-25, 45-33-27, 45-33-29, 45-33-31, 45-33-33, 45-33-35, 45-33-43, 45-9-101, 97-37-7, 97-37-9, 45-1-13, 45-1-37, 23-15-47, 23-15-49, 23-15-135, 23-15-169.1, 23-15-169.2, 41-39-139, 97-17-43, 9-1-49, 41-39-103, 63-16-13, 63-9-25, 23-15-7, 37-25-7, 41-39-127, 93-11-153, 63-15-4, 47-5-157, 45-1-12, 63-10-5, 63-11-5, 63-11-19, 63-11-21, 63-11-23, 63-11-30, 63-11-31, 63-11-31.1, 63-11-33 AND 63-11-37, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Coordination and continued use of current facilities. The Department of Public Safety shall coordinate with the Secretary of State for the transfer of driver services, state identification and firearm permitting responsibilities. The Department of Public Safety shall make available necessary staff and provide the Secretary of State with access to all necessary files and systems. The Department of Public Safety and the Secretary of State shall enter into a memorandum of understanding to allow the Secretary of State to continue use of current driver services facilities.
SECTION 2. Rules and regulations. The Secretary of State shall promulgate rules and regulations under which this article shall be implemented.
SECTION 3. Acceptance of digital identification issued by the Secretary of State. Digital identification issued by the Secretary of State shall be a valid and acceptable form of identification for all purposes within the State of Mississippi. Any individual presenting a valid digital identification issued by the Secretary of State shall not also be required to produce or have on his person a physical identification card.
SECTION 4. Authorize Secretary of State to enter into contracts for implementation of driver services functions. The Secretary of State may enter into any contract with vendors or contractors intended to improve performance, reduce costs, or increase efficiency, so long as the contract remains under the supervision or control of the Secretary of State.
SECTION 5. Section 25-9-127, Mississippi Code of 1972, is amended as follows:
25-9-127. (1) No employee of any department, agency or institution who is included under this chapter or hereafter included under its authority, and who is subject to the rules and regulations prescribed by the state personnel system, may be dismissed or otherwise adversely affected as to compensation or employment status except for inefficiency or other good cause, and after written notice and hearing within the department, agency or institution as shall be specified in the rules and regulations of the State Personnel Board complying with due process of law; and any employee who has by written notice of dismissal or action adversely affecting his compensation or employment status shall, on hearing and on any appeal of any decision made in such action, be required to furnish evidence that the reasons stated in the notice of dismissal or action adversely affecting his compensation or employment status are not true or are not sufficient grounds for the action taken; provided, however, that this provision shall not apply (a) to persons separated from any department, agency or institution due to curtailment of funds or reduction in staff when such separation is in accordance with rules and regulations of the state personnel system; (b) during the probationary period of state service of twelve (12) months; and (c) to an executive officer of any state agency who serves at the will and pleasure of the Governor, board, commission or other appointing authority.
(2) The operation of a state-owned motor vehicle without a valid Mississippi driver's license by an employee of any department, agency or institution that is included under this chapter and that is subject to the rules and regulations of the state personnel system shall constitute good cause for dismissal of such person from employment.
(3) Beginning July 1, 1999, every male between the ages of eighteen (18) and twenty-six (26) who is required to register under the federal Military Selective Service Act, 50 USCS App. 453, and who is an employee of the state shall not be promoted to any higher position of employment with the state until he submits to the person, commission, board or agency by which he is employed satisfactory documentation of his compliance with the draft registration requirements of the Military Selective Service Act. The documentation shall include a signed affirmation under penalty of perjury that the male employee has complied with the requirements of the Military Selective Service Act.
(4) For a period of two (2) years beginning July 1, 2014, the provisions of subsection (1) shall not apply to the personnel actions of the State Department of Education that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2014, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The State Superintendent of Public Education and the State Board of Education shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
It is not the intention or effect of this section to include any school attendance officer in any exemption from coverage under the State Personnel Board policy or regulations, including, but not limited to, termination and conditions of employment.
(5) (a) For a period of two (2) years beginning July 1, 2015, the provisions of subsection (1) shall not apply to the personnel actions of the Department of Corrections, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2015, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment.
(b) Additionally, for a period of one (1) year beginning July 1, 2016, the personnel actions of the Commissioner of the Department of Corrections shall be exempt from State Personnel Board rules, regulations and procedures in order to give the commissioner flexibility in making an orderly, effective and timely reorganization and realignment of the department.
(c) The Commissioner of Corrections shall consult with the Office of the Attorney General before personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(6) Through July 1, 2020, the provisions of subsection (1) of this section shall not apply to the personnel actions of the Department of Human Services that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. Any employee hired on or after July 1, 2020, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The Executive Director of Human Services shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(7) Through July 1, 2020, the provisions of subsection (1) of this section shall not apply to the personnel actions of the Department of Child Protection Services that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. Any employee hired on or after July 1, 2020, by the division shall meet the criteria of the State Personnel Board as it presently exists for employment. The Commissioner of Child Protection Services shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(8) Through July 1, 2022, the provisions of subsection (1) of this section shall not apply to the personnel actions of the Office of the Secretary of State relative to employees responsible for driver services, state identification or firearm permitting that are subject to the rules and regulations of the State Personnel Board, and all said employees of the Secretary of State shall be classified as nonstate service during that period. Any such employee hired on or after July 1, 2022, by the Secretary of State shall meet the criteria of the State Personnel Board as it presently exists for employment. The Secretary of State shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
( * * *9) Any state agency whose personnel
actions are exempted in this section from the rules, regulations and procedures
of the State Personnel Board shall file with the Lieutenant Governor, the
Speaker of the House of Representatives, and the members of the Senate and
House Accountability, Efficiency and Transparency Committees an annual report
no later than July 1, * * * 2020, and each year thereafter while under the
exemption. Such annual report shall contain the following information:
(a) The number of current employees who received an increase in salary during the past fiscal year and the amount of the increase;
(b) The number of employees who were dismissed from the agency or otherwise adversely affected as to compensation or employment status during the past fiscal year, including a description of such adverse effects; and
(c) The number of new employees hired during the past fiscal year and the starting salaries of each new employee.
SECTION 6. Section 45-35-1, Mississippi Code of 1972, is amended as follows:
45-35-1. For the purposes of this chapter the following words shall have the meanings herein ascribed unless the context clearly requires otherwise:
(a) " * * *Agency" means the * * * Office of the
Secretary of State;
(b) " * * *Secretary" means the * * * Secretary of
State; and
(c)
"Identification card" means a card or digital identification
issued under the provisions of this chapter by * * * Office of the
Secretary of State.
SECTION 7. Section 45-35-3, Mississippi Code of 1972, is amended as follows:
45-35-3. (1) Any person
six (6) years of age or older may be issued an identification card by the * * * agency which is certified by
the registrant and attested by the * * * Secretary of State as to
true name, correct age and such other identifying data as required by Section
45-35-5.
(2) The new, renewal or duplicate identification card of a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the cardholder as a sex offender.
(3) The * * * Secretary of State is
authorized to provide the new, renewal or duplicate identification card to any
honorably discharged veteran as defined in Title 38 of the United States Code,
and such identification card shall exhibit the letters "Vet" or any
other mark identifying the person as a veteran. The veteran requesting the
"Vet" designation shall present his DD-214 or equivalent document
that includes a notation from the state Veterans Affairs Board that the
applicant is a veteran.
SECTION 8. Section 45-35-7, Mississippi Code of 1972, is amended as follows:
45-35-7. (1) (a) Except
as provided in paragraph (b) of this subsection (1), each applicant for an
original or renewal identification card issued pursuant to this chapter who is
entitled to issuance of such a card shall be issued * * * an eight-year card * * *. Each card
shall expire at midnight on the cardholder's birthday and may be renewed any
time within six (6) months before the expiration date of the card upon
application and payment of the required fee.
(b) Any applicant who is blind, as defined in Section 43-6-1, upon payment of the fee prescribed in Section 63-1-43, shall be issued an original or renewal identification card which shall remain valid for a period of eight (8) years, shall expire at midnight on the cardholder's birthday, and may be renewed any time within six (6) months before the expiration date of the card upon application and payment of the required fee.
(2) (a) Any applicant who is not a United States citizen, upon payment of the fee prescribed in Section 63-1-43, shall be issued an original or renewal identification card which shall expire four (4) years from date of issuance or on the expiration date of the applicant's authorized stay in the United States, whichever is the lesser period of time, and may be renewed, if the person is otherwise qualified to renew the license, within thirty (30) days of expiration.
(b) An applicant for an original or renewal identification card under paragraph (a) must present valid documentary evidence documenting that the applicant:
(i) Is a citizen or national of the United States;
(ii) Is an alien lawfully admitted for permanent or temporary residence in the United States;
(iii) Has conditional permanent residence status in the United States;
(iv) Has an approved application for asylum in the United States or has entered into the United States in refugee status;
(v) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into or lawful presence in the United States;
(vi) Has a pending application for asylum in the United States;
(vii) Has a pending or approved application for temporary protected status in the United States;
(viii) Has approved deferred-action status;
(ix) Has pending an application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States; or
(x) Has a valid employment authorization card issued by the United States Department of Homeland Security.
(3) The fee for the issuance of an original or renewal identification card shall be as prescribed in Section 63-1-43.
(4) Any person who, for
medical reasons, surrenders his unexpired driver's license, and any person
whose unexpired driver's license is suspended for medical reasons by the * * * Secretary of
State under Section 63-1-53(2)(e), upon request shall be issued an
identification card without payment of a fee. The identification card shall be
valid for a period of * * * eight (8) years from its date of issue. Subsequent
renewals shall be subject to the fees prescribed in Section 63-1-43.
(5) The * * * agency shall maintain a
record of all identification cards issued.
(6) (a) Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for an identification card or a renewal of an identification card under this chapter shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx 451 et seq., as amended.
(b) The * * * agency shall forward in an
electronic format the necessary personal information of the applicant to the
Selective Service System. The applicant's submission of the application shall
serve as an indication that the applicant either has already registered with
the Selective Service System or that he is authorizing the * * * agency to forward to the
Selective Service System the necessary information for registration. The * * * Secretary of State shall
notify the applicant on, or as a part of, the application that his submission
of the application will serve as his consent to registration with the Selective
Service System, if so required. The * * * Secretary of State also
shall notify any male applicant under the age of eighteen (18) that he will be
registered upon turning age eighteen (18) as required by federal law.
SECTION 9. Section 45-35-9, Mississippi Code of 1972, is amended as follows:
45-35-9. (1) If an identification card issued under this chapter is lost, destroyed or mutilated, or a new name or other updated information is required, the person to whom it was issued may obtain a duplicate by furnishing the same identifying data as for an original card and paying the fee prescribed in Section 63-1-43.
(2) Any person who loses an
identification card and who, after obtaining a duplicate, finds the original
card shall promptly surrender the original card to the * * * agency.
SECTION 10. Section 45-35-11, Mississippi Code of 1972, is amended as follows:
45-35-11. All
identification cards shall be centrally issued by the * * * agency, adequately describe
the registrant, bear a color photograph of the registrant, and include other
such identifying data as required by Section 45-35-5.
SECTION 11. Section 45-35-51, Mississippi Code of 1972, is amended as follows:
45-35-51. As used in this article, the term:
(a) " * * *Secretary" means the * * *
Secretary of State.
(b) " * * *Agency" means * * * Office of the
Secretary of State.
(c) "Disability" means any physical, mental or neurological impairment which severely restricts a person's mobility, manual dexterity or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity.
(d) "Identification card for persons with disabilities" means an identification card or digital identification issued as provided in this article.
(e) "Permanent disability" means any disability which is permanent in nature or which is expected to continue for a period of at least five (5) years.
(f) "Person with disabilities" means any person with a permanent or temporary disability.
(g) "Temporary disability" means any disability which is expected to continue for at least six (6) months but less than five (5) years.
SECTION 12. Section 45-35-53, Mississippi Code of 1972, is amended as follows:
45-35-53. (1) The * * * Office of the
Secretary of State shall issue personal identification cards to persons
with disabilities who make application to the * * * agency in accordance with
rules and regulations prescribed by the * * * Secretary of
State * * *. The identification card for persons
with disabilities shall prominently display the international handicapped
symbol and, in addition to any other information required by this article, may
contain a recent color photograph of the applicant and the following
information:
(a) Full legal name;
(b) Address of residence;
(c) Birth date;
(d) Date identification card was issued;
(e) Date identification card expires;
(f) Sex;
(g) Height;
(h) Weight;
(i) Eye color;
(j) Location where the identification card was issued;
(k) Signature of person identified or facsimile thereof; and
(l) Such other
information as required by the * * *t agency.
(2) The identification card
for persons with disabilities shall bear an identification card number which
shall not be the same as the applicant's social security number. The * * * Secretary of State shall
prescribe the form of identification cards issued pursuant to this article to
persons who are not United States citizens. The identification cards of such
persons shall include a number and any other identifying information prescribed
by the * * *
Secretary of State.
SECTION 13. Section 45-35-55, Mississippi Code of 1972, is amended as follows:
45-35-55. (1) The
identification card for persons with disabilities shall be issued to a person
with a permanent disability for a period of * * * eight (8) years, shall expire
at midnight on the cardholder's birthday, and may be renewed any time within
six (6) months before the expiration date of the card upon application and
payment of the required fee. The identification cards shall be issued to
persons with disabilities upon presentation of the current sworn affidavit of
at least one (1) medical doctor attesting to such permanent disability. A
current affidavit shall be presented at each request for renewal.
(2) The identification card for persons with temporary disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one (1) medical doctor attesting to the disability and estimating the duration of the disability. Temporary disability identification cards shall be issued for periods of six (6) months. A current affidavit of a medical doctor attesting to the continuance of the disability shall be presented at each request for renewal thereafter.
SECTION 14. Section 45-35-61, Mississippi Code of 1972, is amended as follows:
45-35-61. The * * * Secretary of State shall
promulgate rules and regulations under which this article shall be implemented.
SECTION 15. Section 45-35-63, Mississippi Code of 1972, is amended as follows:
45-35-63. The * * * agency shall require an
applicant for an identification card for persons with disabilities to furnish a
birth certificate or other verifiable evidence stating the applicant's birth
date.
SECTION 16. Section 45-35-65, Mississippi Code of 1972, is amended as follows:
45-35-65. The * * * agency shall collect a fee
for an identification card for persons with disabilities as prescribed in
Section 63-1-43.
SECTION 17. Section 63-1-1, Mississippi Code of 1972, is amended as follows:
63-1-1. This article may be
cited as the * * * Mississippi Driver's License Law * * *.
SECTION 18. Section 63-1-3, Mississippi Code of 1972, is amended as follows:
63-1-3. The following words and phrases when used in this article shall, for the purpose of such law, have the meanings respectively ascribed to them in this section:
(a) The term " * * *secretary" means the * * * Mississippi
Secretary of State * * *.
(b) The term
"highway" means every way or place of whatever nature open to the use
of the public for the purpose of vehicular travel, and shall include streets of
municipalities * * *.
(c) The term
"operator" means any person in actual physical control of a motor
vehicle on the highway * * *.
(d) The term "owner" means a person who holds the legal title of a vehicle; in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this article.
(e) The term "operator's license" or "driver's license" means physical or digital documentation issued by the Secretary of State pursuant to this act.
SECTION 19. Section 63-1-8, Mississippi Code of 1972, is amended as follows:
63-1-8. The * * * Secretary of
State is authorized to negotiate a mutual agreement between the Mississippi
Department of Public Safety and the Republic of China (Taiwan), through the
Ministry of Transportation and Communications represented by the Director
General of the Taipei Economic and Cultural Office in Houston, Texas, for
reciprocity in issuing driver's licenses to citizens of the State of
Mississippi residing in the Republic of China (Taiwan) and to Taiwanese
citizens residing in the State of Mississippi. The mutual agreement shall be
written and signed by the * * * commissioner Secretary of State and director general.
Any agreement entered into by the Commissioner of Public Safety prior to the effective date of this section shall remain in effect unless revoked or amended by the Secretary of State.
SECTION 20. Section 63-1-9, Mississippi Code of 1972, is amended as follows:
63-1-9. (1) No driver's license, intermediate license or regular learner's permit shall be issued pursuant to this article:
(a) To any person under the age of eighteen (18) years except as provided in this article.
(b) To any person whose license to operate a motor vehicle on the highways of Mississippi has been previously revoked or suspended by this state or any other state or territory of the United States or the District of Columbia, if the revocation or suspension period has not expired.
(c) To any person who is an habitual drunkard or who is addicted to the use of other narcotic drugs.
(d) To any person who would not be able by reason of physical or mental disability to operate a motor vehicle on the highways with safety. However, persons who have one (1) arm or leg, or have arms or legs deformed, and are driving a car provided with mechanical devices whereby the person is able to drive in a safe manner over the highways, if otherwise qualified, shall receive an operator's license the same as other persons. Moreover, deafness shall not be a bar to obtaining a license.
(e) To any person as an operator who has previously been adjudged to be afflicted with and suffering from any mental disability and who has not at time of application been restored to mental competency.
(f) To any unmarried
person under the age of eighteen (18) years who does not at the time of
application present a diploma or other certificate of high school graduation or
a general educational development certificate issued to the person in this
state or any other state; or on whose behalf documentation has not been
received by the * * * Secretary of State from that
person or a school official verifying that the person:
(i) Is enrolled and making satisfactory progress in a course leading to a general educational development certificate;
(ii) Is enrolled in school in this state or any other state;
(iii) Is enrolled in a "nonpublic school," as such term is defined in Section 37-13-91(2)(i); or
(iv) Is unable to attend any school program due to circumstances deemed acceptable as set out in Section 63-1-10.
(g) To any person under the age of eighteen (18) years who has been convicted under Section 63-11-30.
(2) * * *
(a) A regular learner's permit may be issued to any person who is at least
fifteen (15) years of age who otherwise meets the requirements of this article.
(b) An intermediate license may be issued to any person who is at least sixteen (16) years of age who otherwise meets the requirements of this article and who has held a regular learner's permit for at least one (1) year without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the one-year requirement for the holding of a regular learner's permit before an applicant can qualify for an intermediate license.
(c) A driver's license may be issued to any person who is at least sixteen and one-half (16-1/2) years of age who otherwise meets the requirements of this article and who has held an intermediate license for at least six (6) months without any conviction under Section 63-11-30 or of a moving violation. Any conviction under Section 63-11-30 or of a moving violation shall restart the six-month requirement for the holding of an intermediate license before an applicant can qualify for a driver's license. However, a person who is at least seventeen (17) years of age who has been issued a regular learner's permit and who has never been convicted under Section 63-11-30 or of a moving violation shall not be required to have held an intermediate license.
(d) An applicant for a Mississippi driver's license who, at the time of application, is at least sixteen and one-half (16-1/2) years of age and who has held a valid motor vehicle driver's license issued by another state for at least six (6) months shall not be required to hold a regular learner's permit or an intermediate license before being issued a driver's license.
(3) The * * * Secretary of State shall
ensure that the regular learner's permit, intermediate license and driver's
license issued under this article are clear, distinct and easily
distinguishable from one another.
SECTION 21. Section 63-1-10, Mississippi Code of 1972, is amended as follows:
63-1-10. (1) Upon the
written request of a parent or guardian of any applicant for a license under
eighteen (18) years of age, the school district in which the applicant is
enrolled shall submit documentation to the * * * Secretary of
State verifying that the applicant is in compliance with Section 63-1-9(1)( * * *f). The verification shall be signed
by the school principal or his designee, or, in the case of a home study
program, the parent, or the adult education supervisor of the General
Educational Development Program or his designee. If the student is enrolled in
a nonpublic school, the school principal or his designee is encouraged to
submit the verification on behalf of the student. Documentation of the
applicant's enrollment status shall be submitted on a form designed by the
State Department of Education that includes the written signed and notarized
parent or guardian's consent authorizing the release of the applicant's
attendance records to the * * * Department of Public Safety Secretary of State, as
approved by the * * * Secretary of State, in a manner
that insures the authenticity of the form and the information or signature
contained thereon, including via * * * electronic delivery as designated
by the Secretary of State. The forms required under this section to
provide documentation shall be made available to all public high schools,
private schools accredited by the State Board of Education, adult education
supervisors at school board offices and, upon request, to others * * * by
the Secretary of State.
(2) Whenever an applicant or licensee who is under eighteen (18) years of age is unable to attend any school program due to acceptable circumstances, the school where the student last attended shall transmit documentation to the department to excuse such student from the provisions of Section 63-1-9(1)(g). The school principal or his designee shall determine whether nonattendance or absences are excused pursuant to Section 37-13-91. For purposes of this section, suspension or expulsion from school or incarceration in a correctional institution is not an acceptable circumstance for a person being unable to attend school.
(3) Any person denied a
license for failure to satisfy the education requirements of Section 63-1-9(1)(g)
shall have the right to file a request within thirty (30) days thereafter for a
hearing before the * * * Secretary of State to determine
whether the person is entitled to a license or is subject to the cancellation
of his license under the provisions of this section. The hearing shall be held
within ten (10) days of the receipt by the department of the request. Appeal
from the decision of the department may be taken under Section 63-1-31.
SECTION 22. Section 63-1-11, Mississippi Code of 1972, is amended as follows:
63-1-11. The provisions of
this article with reference to administration shall be under the supervision of
the * * * Secretary of State,
who, if not otherwise specifically authorized, is hereby empowered to make and
promulgate reasonable rules and regulations to carry out the provisions of this
article.
SECTION 23. Section 63-1-13, Mississippi Code of 1972, is amended as follows:
63-1-13. The * * * Secretary of State is
hereby authorized and empowered to appoint * * * an Assistant Secretary of State
of the Driver Services Division who is a qualified elector of the State of
Mississippi. Such director shall execute and furnish a bond in the amount of
Ten Thousand Dollars ($10,000.00) with a surety company authorized to do
business in this state. The bond shall be conditioned on the faithful
performance of his or her duties and be subject to the approval of the * * * Secretary of State
and shall be answerable to the * * * Secretary of State in the
performance of his or her duties.
The * * * Secretary of State shall
employ such other technical, professional and clerical assistants as may be
needed to conduct the work of the division. The * * * Secretary of State is also
authorized to employ a Director of the Driver License Examining Bureau and
the necessary supervising examiners to assist the Director of the Driver
License Examining Bureau in the supervision of the license personnel. The * * * Secretary of State is also
authorized to employ the necessary additional personnel to serve and be
designated as "license examiners." * * *
The * * *
Secretary of State shall employ such other technical, professional and
clerical assistants as may be needed to conduct the work of the bureau.
SECTION 24. Section 63-1-15, Mississippi Code of 1972, is amended as follows:
63-1-15. The * * * Secretary of
State shall be authorized to designate persons who may act as examiners for
license or instruction permits.
It shall be the duty of the
license examiners to forward to the * * * Secretary of State all
applications rejected or approved in accordance with such rules and regulations
as may be prescribed by the * * * Secretary of State.
SECTION 25. Section 63-1-16, Mississippi Code of 1972, is amended as follows:
63-1-16. The * * * Secretary
of State may, upon request of the board of supervisors, furnish either a
permanent driver's license kiosk or a license examiner at a location in each
county * * * one * * * or more days every month to conduct licensing
examinations, road tests and renewals. * * * The county shall furnish the office, heating and cooling,
phone service and Internet connectivity at the location for the kiosk or
license examiner.
SECTION 26. Section 63-1-17, Mississippi Code of 1972, is amended as follows:
63-1-17. As the license
examiners file their statements showing the serial numbers of licenses and
temporary driving permits issued pursuant to this article during the preceding
month, the * * * Secretary of State shall keep a record of all
licenses and permits issued pursuant to this article by such examiners, a
record of all licenses and permits revoked, a record of all perforated sections
mailed to him by the trial judges, and such other information that he deems
necessary to carry out the provisions of this article.
SECTION 27. Section 63-1-19, Mississippi Code of 1972, is amended as follows:
63-1-19. (1) (a) Every
applicant for a license or permit issued pursuant to this article, or for
renewal of such license or permit, shall file an application for such license,
permit or renewal, on a form provided by the * * * Secretary of
State, with the * * * Secretary of State or an official license
examiner * * *. All persons not holding valid, unexpired licenses
issued in this state shall be required to secure an original license, except
those specifically exempted from licensing under Section 63-1-7. The
application shall state the name, date of birth, the social security number of
the applicant unless the applicant is not a United States citizen and does not
possess a social security number issued by the United States government, sex,
race, color of eyes, color of hair, weight, height and residence address, and
whether or not the applicant's privilege to drive has been suspended or revoked
at any time, and, if so, when, by whom, and for what cause, and whether any
previous application by him has been denied, and whether he has any physical
defects which would interfere with his operating a motor vehicle safely upon
the highways.
(b) Every applicant
for an original license shall show proof of domicile in this state. The * * * Secretary of State shall
promulgate any rules and regulations necessary to enforce this requirement and
shall prescribe the means by which an applicant for an original license may
show domicile in this state. Proof of domicile shall not be required of
applicants under eighteen (18) years of age.
(c) Unless the applicant is not a United States citizen and does not possess a social security number issued by the United States government, each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.
(2) No person who is
illegally in the United States or Mississippi shall be issued a license. The
application of a person who is not a United States citizen and who does not
possess a social security number issued by the United States government shall
state the name, date of birth, sex, race, color of eyes, color of hair, weight,
height and residence address, and whether or not the applicant's privilege to
drive has been suspended or revoked at any time, and, if so, when, by whom, and
for what cause, and whether any previous application by him has been denied,
and whether he has any physical defects which would interfere with his
operating a motor vehicle safely upon the highways. The * * * Secretary of State shall
adopt and promulgate such rules and regulations as he deems appropriate
requiring additional documents, materials, information or physical evidence to
be provided by the applicant as may be necessary to establish the identity of
the applicant and that the applicant is not present in the United States or the
State of Mississippi illegally.
(3) Whenever a person who
has applied for or who has been issued a license or permit under this article
moves from the address listed in the application or on the permit or license,
or whenever the name of a licensee changes by marriage or otherwise, such
person, within thirty (30) days thereafter, shall notify * * * the * * * Secretary of State of his or her
previous address and new address and of his or her former name and new name.
The * * *
Secretary of State shall not change the name of a licensee or permittee
on his or her license or permit unless the applicant appears in person at an
office of the * * * Secretary of State and provides a certified copy
of his or her marriage license, court order, birth certificate or divorce
decree changing the licensee's or permittee's name.
(4) (a) Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for a permit or license or a renewal of a permit or license under this chapter shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx 451 et seq., as amended.
(b) The * * * Secretary of State shall
forward in an electronic format the necessary personal information of the
applicant to the Selective Service System. The applicant's submission of the
application shall serve as an indication that the applicant either has already
registered with the Selective Service System or that he is authorizing the * * * Secretary of State to
forward to the Selective Service System the necessary information for
registration. The * * * Secretary of State shall notify the applicant
on, or as a part of, the application that his submission of the application
will serve as his consent to registration with the Selective Service System, if
so required. The * * * Secretary of State also shall notify any male
applicant under the age of eighteen (18) that he will be registered upon
turning age eighteen (18) as required by federal law.
SECTION 28. Section 63-1-21, Mississippi Code of 1972, is amended as follows:
63-1-21. (1) To obtain a new or original Class R, Class D or intermediate driver's license, every applicant other than a person holding a valid out-of-state license shall first obtain a regular learner's permit, successfully complete the examination provided for in Section 63-1-33, and pay the regular learner's permit fee and examination fee prescribed in Section 63-1-43.
(2) A regular learner's permit entitles the holder, if the permit is in his immediate possession, to drive a motor vehicle other than a motorcycle on the highways of the State of Mississippi only when accompanied by a licensed operator who is at least twenty-one (21) years of age and who is actually occupying the seat beside the driver. A regular learner's permit may be issued to any applicant who is at least fifteen (15) years of age and shall be valid for a period of two (2) years from the date of issue.
(3) (a) An intermediate license allows unsupervised driving from 6:00 a.m. to 10:00 p.m. Sunday through Thursday and 6:00 a.m. to 11:30 p.m. Friday and Saturday, and allows unsupervised driving any time for a person traveling directly to or from work or required school events. At all other times the intermediate licensee must be supervised by a parent, guardian or other person aged twenty-one (21) years or older who holds a valid driver's license under this article and who is actually occupying the seat beside the driver.
(b) The fee for issuance of an intermediate license shall be as prescribed in Section 63-1-43.
SECTION 29. Section 63-1-33, Mississippi Code of 1972, is amended as follows:
63-1-33. (1) Except as otherwise provided under subsection (6) of this section, it shall be the duty of the license examiner, when application is made for an operator's license or regular learner's permit, to test the applicant's ability to read and understand road signs and to give the required signals as adopted by the National Advisory Committee on Uniform Traffic Control Devices and the American Association of Motor Vehicle Administrators.
(2) Except as otherwise
provided under subsection (6) of this section, the * * * Secretary of State shall
have prepared and administer a test composed of at least ten (10) questions
relating to the safe operation of a motor vehicle and testing the applicant's
knowledge of the proper operation of a motor vehicle. Every examination shall
ensure adequate knowledge on the part of the applicant as to school bus safety
requirements.
(3) Prior to the administration of the test, the license examiner shall inspect the horn, lights, brakes, vehicle registration and proof of liability coverage of the motor vehicle which the applicant expects to operate while being tested, and if he finds that any of the aforementioned items are deficient, no license or endorsement shall be issued to the applicant until same have been repaired.
(4) An applicant for a Mississippi driver's license who, at the time of application, holds a valid motor vehicle driver's license issued by another state shall not be required to take a written test.
(5) Except as otherwise provided
by Section 63-1-6, when application is made for an original motorcycle
endorsement, the applicant shall be required to pass a written test which
consists of questions relating to the safe operation of a motorcycle and a
skill test similar to the "Motorcycle Operator Skill Test," which is
endorsed by the American Association of Motor Vehicle Administrators. The * * * Secretary of State may
exempt any applicant from the skill test if the applicant presents a
certificate showing successful completion of a course approved by the * * * Secretary of State, which
includes a similar examination of skills needed in the safe operation of a
motorcycle.
(6) The * * * Secretary of
State may accept the certification of successful completion of an
individual's training in the knowledge and skills needed for the proper and
safe operation of a motor vehicle from a driver education and training program
at a secondary school that meets the standards of the * * * Secretary of State, in lieu
of the * * * examination of the individual for the purpose of
obtaining a driver's license. * * *
SECTION 30. Section 63-1-34, Mississippi Code of 1972, is amended as follows:
63-1-34. * * * The Secretary of State shall make
available instructional materials prepared by the Mississippi Authority for
Educational Television to assist applicants who are reading impaired in
preparing for driver's license examinations. Such instructional materials may
be provided by the Secretary of State in a digital format or other convenient
means of distribution, as determined by the Secretary of State.
SECTION 31. Section 63-1-34.1, Mississippi Code of 1972, is amended as follows:
63-1-34.1. (1) The * * * Secretary of State
may issue a limited driver's license for persons using bioptic telescopic
lenses. The license shall be valid for one (1) year from the date of
issuance. The * * * Secretary of State may require the reevaluation
of a licensee before the reissuance of a limited driver's license.
(2) The * * * Secretary of State shall
prepare and administer a test for the central and peripheral vision of persons
using bioptic telescopic lenses. If the person passes the test and is
otherwise qualified, the person may receive a license under this section.
(3) The * * * Secretary of State may
issue a one-year driving rehabilitation permit subject to such restrictions as
the commissioner may require.
(4) The fee for a license or permit issued under this section shall be the fee required for one-year licenses under Section 63-1-43, Mississippi Code of 1972.
(5) The * * * Secretary of State may
impose restrictions on any license or permit issued under this section and may
issue rules and regulations governing such licenses and permits.
SECTION 32. Section 63-1-35, Mississippi Code of 1972, is amended as follows:
63-1-35. (1) The * * * Secretary of
State shall prescribe the form of license issued pursuant to this article
which shall, among other features, include a driver's license number assigned
by the * * * Secretary of State. A licensee shall list his
social security number * * * which shall cross-reference * * * with the driver's
license number for purposes of identification. Additionally, each license
shall bear a full-face color photograph of the licensee in such form that the
license and the photograph cannot be separated. The photograph shall be taken
so that one (1) exposure will photograph the applicant and the application
simultaneously on the same film. The * * * Secretary of State shall use
a process in the issuance of a license with a color photograph that shall
prevent as nearly as possible any alteration, counterfeiting, duplication,
reproduction, forging or modification of the license or the superimposition of
a photograph without ready detection. The photograph shall be replaced by
the * * *
Secretary of State at the time of renewal. Drivers' licenses, including
photographs appearing thereon, may be renewed by electronic means according to
rules and regulations promulgated by the * * * Secretary of State in
conformity to Section 27-104-33.
(2) The * * * Secretary of State shall
prescribe the form of license issued pursuant to this article to licensees who
are not United States citizens and who do not possess a social security number
issued by the United States government. The license of such persons shall
include a number and/or other identifying features.
(3) Any new, renewal or duplicate driver's license, temporary driving permit, intermediate license or commercial driver's license issued to a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the licensee or permittee as a sex offender.
(4) The * * * Secretary of State is
authorized to provide the new, renewal or duplicate driver's license, temporary
driving permit, intermediate license or commercial driver's license to any
honorably discharged veteran as defined in Title 38 of the United States Code,
and such license or permit shall exhibit the letters "Vet" or any
other mark identifying the person as a veteran. The veteran requesting the
"Vet" designation shall present his DD-214 or equivalent document
that includes a notation from the state Veterans Affairs Board that the
applicant is a veteran.
SECTION 33. Section 63-1-37, Mississippi Code of 1972, is amended as follows:
63-1-37. If a license or
regular learner's permit issued under the provisions of this article is lost or
destroyed, the licensee may obtain a duplicate copy by paying the fee
prescribed in Section 63-1-43. * * *
SECTION 34. Section 63-1-45, Mississippi Code of 1972, is amended as follows:
63-1-45. (1) License
examiners shall keep a complete record of all funds received from applicants
upon forms to be prescribed and furnished by the * * * Secretary of State out of
the operating funds of the * * * agency. Application forms
shall be * * * provided in a format prescribed
by the Secretary of State and in such form that the original thereof may be
transmitted by the license examiner to the * * * Secretary of State,
together with the renewal fee. A copy signed by the examiner shall be given to
the applicant, and a copy shall be retained by the examiner. The license
examiner shall, not later than ten (10) days from the date of an application,
transmit the application, together with the fee, to the * * * Secretary of State. The
application blanks and funds shall be subject to audit at any time. The * * * Secretary of State shall
maintain records of all application forms on hand and issued to the examiners,
who shall be charged therewith. The receipt provided for in this section shall
be the only valid and recognized form of receipt for fees paid by applicants,
and the receipt shall be sufficient in lieu of the renewed license for a period
of sixty (60) days or until the renewed license has been issued to the
applicant by the * * * Secretary of State.
(2) There shall be tendered with all applications for a temporary driving permit, temporary motorcycle driving permit, initial issuance of any license issued pursuant to this article, renewal licenses, duplicate licenses or any other services for which a fee is charged, the proper fee required by law by cash, certified check, money order or electronic payment as authorized under Section 27-104-33.
(3) The * * * Secretary of
State shall deposit the amount of fees, together with all fees for
duplicate licenses, permits, delinquent fees and reinstatement fees collected
by him into the General Fund of the State Treasury * * *;
however, Seven Dollars ($7.00) of the fee derived from the fee charged for
original and renewal operators' licenses imposed under Section 63-1-43(1) and
Four Dollars ($4.00) of the fee derived from the fee charged for original and
renewal Class D commercial drivers' licenses under Section 63-1-43(4) shall be
deposited into a special fund that is created in the State Treasury. Monies in
the fund may be expended upon legislative appropriation solely for the purchase
by the Mississippi Highway Safety Patrol of patrol cars, communications
equipment and weapons.
SECTION 35. Section 63-1-47, Mississippi Code of 1972, is amended as follows:
63-1-47. (1) (a) Except
as otherwise provided in this section, each applicant for an original or
renewal Class R or Class D license issued pursuant to this article, who is
entitled to issuance of same, shall be issued * * * an eight-year
license * * *, which will expire at midnight on the
licensee's birthday and may be renewed any time within six (6) months before
the expiration of the license upon application and payment of the required fee,
unless required to be reexamined.
(b) The term of an intermediate license issued under this article shall be one (1) year.
(c) The term of an iginition-interlock-restricted license issued under this article shall be four (4) years.
(2) Any commercial driver's
license issued under Article 5 of this chapter shall be issued for a * * * eight-year term to expire at
midnight on the licensee's birthday.
(3) (a) All applications by an operator under eighteen (18) years of age must be accompanied by documentation that the applicant is in compliance with the education requirements of Section 63-1-9(1)(g), and the documentation used in establishing compliance must be dated no more than thirty (30) days before the date of application.
(b) All applications
by an operator under eighteen (18) years of age, if applicable, must be
accompanied by documentation signed and notarized by the parent or guardian of
the applicant and the appropriate school official, authorizing the release of
the applicant's attendance records to the * * * Secretary of
State as required under Section 63-1-10.
(c) The commissioner shall suspend the driver's license, intermediate license or regular learner's permit of a student under eighteen (18) years of age who has been reported by the Department of Education as required by Section 63-1-10.1, and shall give notice of the suspension to the licensee as provided in Section 63-1-52(4). A school superintendent or designee may request that the driver's license, intermediate license or regular learner's permit that has been suspended under the provisions of this subsection be reinstated after the student has successfully completed nine (9) weeks of school attendance without an unlawful absence.
(4) (a) Any original or renewal license issued under this chapter to a person who is not a United States citizen shall expire four (4) years from the date of issuance or on the expiration date of the applicant's authorized stay in the United States, whichever is the lesser period of time, and may be renewed, if the person is otherwise qualified to renew the license, within thirty (30) days of expiration. The fee for any such license and for renewal shall be as prescribed in Section 63-1-43.
(b) Any applicant for an original or renewal license under this subsection (4) must present valid documentary evidence documenting that the applicant:
(i) Is a citizen or national of the United States;
(ii) Is an alien lawfully admitted for permanent or temporary residence in the United States;
(iii) Has conditional permanent residence status in the United States;
(iv) Has an approved application for asylum in the United States or has entered into the United States in refugee status;
(v) Has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into or lawful presence in the United States;
(vi) Has a pending application for asylum in the United States;
(vii) Has a pending or approved application for temporary protected status in the United States;
(viii) Has approved deferred-action status;
(ix) Has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States; or
(x) Has a valid employment authorization card issued by the United States Department of Homeland Security.
SECTION 36. Section 63-1-49, Mississippi Code of 1972, is amended as follows:
63-1-49. (1) An expired
license issued pursuant to this article may be renewed at any time within
eighteen (18) months after the expiration date of the license upon application
and payment of the required fee, and the payment of a delinquent fee prescribed
in Section 63-1-43, in lieu of a driver examination, unless the holder of the
expired license is required to be examined, or unless the * * * Secretary of State has
reason to believe the licensee is no longer qualified to receive a license.
(2) (a) Any person in the
Armed Services of the United States, who holds a valid license issued pursuant
to this chapter and is out of state due to military service at the time the
license expires, may renew the license by mail or by online renewal services
while out of state due to military service or at any time within ninety (90)
days after being discharged from military service or upon returning to the
state without payment of any delinquent fee or examination, unless the * * * Secretary of State has
reason to believe that the licensee is no longer qualified to receive a
license. The person shall make proof by affidavit of the fact of the person's
current military service or of the time of discharge or return. The expiration
of the license of a military person under the provisions of this paragraph (a)
shall not affect the validity of the license, but the license shall continue to
be valid and permit the person to operate a motor vehicle in this state for a
period of ninety (90) days after discharge from military service or return to
the state or until renewal of the license, whichever occurs first.
(b) The provisions of
paragraph (a) of this subsection (2) also apply to a dependent of a person in
the Armed Services of the United States who is out of state due to military
service if the dependent resides out of state with the Armed Services member
and the license of the dependent expires during the family member's absence
from the state. The * * * Secretary of State may adopt
such rules and regulations under the Administrative Procedures Act as may be
necessary to implement the provisions of this paragraph.
(3) Any person holding a
valid license issued pursuant to this article who is going overseas * * * and whose
license will expire during the stay overseas may renew the license for * * * eight (8) years before
leaving. The person shall make proof by affidavit of the fact of the overseas
travel.
SECTION 37. Section 63-1-107, Mississippi Code of 1972, is amended as follows:
63-1-107. As used in the compact, the term "licensing authority" with reference to this state, shall mean the Department of Public Safety. The Commissioner of Public Safety shall furnish to the appropriate authorities of any other party state any information or documents reasonably necessary to facilitate the administration of Articles III, IV and V of the compact.
From and after January 1, 2021, the Secretary of State shall assume the duties described in Article V regarding issuance of driver's licenses.
SECTION 38. Section 63-1-202, Mississippi Code of 1972, is amended as follows:
63-1-202. The purpose of this article is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (49 USCS Appx. Section 2701 et seq.), hereinafter referred to as "CMVSA," and thereby prevent the loss to the State of Mississippi of substantial federal highway funds as a penalty for failure to comply therewith.
This article is a remedial
law which should be liberally construed to promote public health, safety and
welfare. The provisions of Article 1 of this chapter, being the * * * Driver's License Law * * *, and the provisions of Title 63,
Chapter 11, Mississippi Code of 1972, being the Mississippi Implied Consent
Law, including penalties for violations thereof, shall be applicable to the
provisions of this article to the extent that such laws do not conflict with
the provisions of this article. If any provisions of this article conflict
with the provisions of the * * * Mississippi
Driver's License Law * * * or the Mississippi Implied Consent Law, then the provisions
of this article shall control.
SECTION 39. Section 63-1-205, Mississippi Code of 1972, is amended as follows:
63-1-205. The driver of a commercial motor vehicle shall notify the state and employers of convictions as follows:
(a) The state.
Any driver of a commercial motor vehicle holding a driver's license issued by
this state who is convicted of violating any state law or local ordinance
relating to motor vehicle traffic control in any other state or federal,
provincial, territorial, or municipal laws of Canada, other than parking
violations, shall notify the * * * Secretary of State in the
manner specified by the * * * commissioner Secretary of State within thirty (30)
days of the date of conviction.
(b) Employers. Any driver of a commercial motor vehicle holding a driver's license issued by this state who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or federal, provincial, territorial, or municipal laws of Canada, other than parking violations, shall notify the driver's employer in writing of the conviction within thirty (30) days of the date of conviction.
(c) Notification of suspensions, revocations and cancellations. A driver whose driver's license is suspended, revoked, or cancelled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify the driver's employer of that fact before the end of the business day following the day the driver received notice of that fact.
(d) Notification of previous employment. Any person who applies to be a commercial motor vehicle driver must provide the employer, at the time of the application, with the following information for the ten (10) years preceding the date of application:
(i) A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle;
(ii) The dates between which the applicant drove for each employer; and
(iii) The reason for leaving that employer.
The applicant must certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.
SECTION 40. Section 63-1-208, Mississippi Code of 1972, is amended as follows:
63-1-208. (1) Except as
otherwise provided, the * * * commissioner Secretary of State shall not issue a
commercial driver's license and commercial learner's permit to any person under
the age of twenty-one (21) years.
(2) No person may be issued
a commercial driver's license unless that person is domiciled in this state and
has passed a knowledge and skills test for driving a commercial motor vehicle
which complies with minimum federal standards established by federal regulation
enumerated in 49 CFR, Part 383, subparts F, G and H and has satisfied all other
requirements of Title XII of Public Law 99-570 in addition to other
requirements imposed by state law or federal regulation. The tests shall be
prescribed and conducted by the * * * Secretary of State. If
the applicant wishes to have a hazardous materials endorsement, the written
test for a hazardous materials endorsement must be taken and passed. In
addition, the applicant must successfully complete the security threat
assessment required by 49 CFR, Part 1572.
(3) The * * * Secretary of State may
authorize a person, including an agency of this or another state, an employer,
a private driver training facility, or other private institution, or a
department, agency or instrumentality of local government, to administer the
skills test specified by this section, provided:
(a) The test is the same as would otherwise be administered by the state; and
(b) The third party has entered into an agreement with this state which complies with requirements of 49 CFR, Part 383.75.
(4) A skills test may be waived as follows:
(a) The * * * Secretary of State, by
rules adopted pursuant to the Mississippi Administrative Procedures Law, shall
provide for a waiver of the skills test specified in this section for a
commercial driver's license applicant who meets the requirements of 49 CFR,
Part 383.77;
(b) The rules may establish deadlines by which applicants must claim entitlement and qualification to skills test waivers and may provide for the scheduling of group knowledge testing;
(c) The * * * Secretary of State shall
adopt rules and regulations to carry out the provisions of this subsection (4)
as soon as practicable after July 1, 2017, but in any case no later than July
1, 2018.
(5) A commercial learner's permit shall be issued as follows:
(a) A commercial learner's permit may be issued to an individual who holds a valid Mississippi driver's license who has passed the vision and written tests required for the class of license authorizing the operation of the type of vehicle for which the permit application is being made;
(b) The commercial learner's permit shall be issued for a period of six (6) months for the fee prescribed in Section 63-1-43. Only one (1) renewal or reissuance may be granted within a two-year period. The holder of a commercial learner's permit may, unless otherwise disqualified, drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.
(6) A commercial driver's license or commercial learner's permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked or cancelled in any state. A driver's license may not be issued to a person who has a commercial driver's license issued by any state unless the person first surrenders all driver's licenses issued by any state, which licenses shall be returned to the issuing states for cancellation.
(7) A person shall be entitled to take the test for a commercial driver's license unless the person's driver's license is, at the time of the requested test, suspended, revoked, cancelled or disqualified in any other state.
(8) Notwithstanding any requirement imposed by state law or state or federal regulations restricting the issuance of a commercial driver's license to a person suffering from diabetes, a person suffering from diabetes may be issued a commercial driver's license if the person otherwise meets all qualifications for issuance provided:
(a) The driver is physically examined every year, including an examination by a board-certified/eligible endocrinologist attesting to the fact that the driver is:
(i) Free of insulin reactions (an individual is free of insulin reactions if that individual does not have severe hypoglycemia or hypoglycemia unawareness, and has less than one (1) documented, symptomatic hypoglycemic reaction per month);
(ii) Able to and has demonstrated willingness to properly monitor and manage the person's diabetes; and
(iii) Not likely to suffer any diminution in driving ability due to the person's diabetic condition.
(b) The driver agrees to and complies with the following conditions:
(i) A source of rapidly absorbable glucose shall be carried at all times while driving;
(ii) Blood glucose levels shall be self-monitored one (1) hour prior to driving and at least once every four (4) hours while driving or on duty prior to driving using a portable glucose monitoring device equipped with a computerized memory;
(iii) Submit blood
glucose logs to the endocrinologist or medical examiner at the annual
examination or when otherwise directed by the * * * Secretary of
State;
(iv) Provide a copy of the endocrinologist's report to the medical examiner at the time of the annual medical examination; and
(v) Provide a copy of the annual medical certification to the person's employer for retention in the driver's qualification file and retain a copy of the certification on his person while driving for presentation to a duly authorized federal, state or local enforcement official.
(c) The commercial license issued under this subsection (8) will bear an endorsement restricting commercial driving on the license to driving only within the boundaries of Mississippi.
(9) The fees for all licenses, permits, renewals and endorsements shall be as prescribed in Section 63-1-43.
SECTION 41. Section 63-1-209, Mississippi Code of 1972, is amended as follows:
63-1-209. The * * * Secretary of State may
issue a nonresident commercial driver's license to a person domiciled in a
foreign jurisdiction if the United States Secretary of Transportation has
determined that the commercial motor vehicle testing and licensing standards in
the foreign jurisdiction do not meet the testing standards established in 49
CFR, Part 383. In addition, the * * * Secretary of State may
issue a nonresident commercial driver's license to a person domiciled in a
state while that state is prohibited from issuing commercial driver's licenses
in accordance with 49 CFR, Part 384.405. The word "nonresident" must
appear on the face of the nonresident commercial driver's license. An
applicant shall surrender any nonresident commercial driver's license issued by
another state. Prior to issuing a nonresident commercial driver's license, the * * * Secretary of State shall
establish the practical capability of revoking or suspending the nonresident
commercial driver's license.
SECTION 42. Section 63-1-210, Mississippi Code of 1972, is amended as follows:
63-1-210. (1) The application for a commercial driver's license or commercial learner's permit shall include the following:
(a) The full name and current mailing and residential addresses of the person.
(b) A physical description of the person, including sex, height and weight.
(c) Date of birth.
(d) The applicant's social security number.
(e) The person's signature.
(f) Certifications that:
(i) For an applicant who operates or expects to operate in interstate or foreign commerce or who is otherwise subject to 49 CFR, Part 391, the applicant meets the qualification requirements contained in Part 391; or for an applicant who operates or expects to operate entirely in intrastate commerce and who is not subject to Part 391, that the applicant is subject to state driver qualification requirements and is not subject to Part 391;
(ii) The motor vehicle in which the applicant's skills test will be taken is representative of the type of motor vehicle that the applicant operates or expects to operate;
(iii) The applicant is not subject to any disqualification under 49 CFR, Part 385.51, or any license suspension, revocation, or cancellation under state law; and
(iv) The applicant does not have a driver's license from more than one (1) state or jurisdiction.
(g) Any other
information required by the * * * Secretary of State,
including, but not limited to, the names of all states or jurisdictions where
the applicant has been licensed to operate any type of motor vehicle during the
previous ten (10) years.
(h) The application shall be accompanied by a fee as prescribed in Section 63-1-43.
(2) When a licensee or
permittee changes his or her name, mailing address, or residence or in the case
of the loss, mutilation, or destruction of a license or permit, the licensee or
permittee shall notify the * * * Secretary of State within
sixty (60) days and apply in person for a duplicate license or permit in the
same manner as set forth in subsection (1) of this section. The fee for a
duplicate license or permit shall be as prescribed in Section 63-1-43.
(3) A person who has been a resident of this state for more than thirty (30) days shall not drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.
(4) Any person who knowingly falsifies information or certifications required under subsection (1) of this section shall have the person's commercial driver's license revoked. Such persons may reapply for a commercial driver's license no sooner than sixty (60) days after the revocation.
(5) (a) Any male who is at least eighteen (18) years of age but less than twenty-six (26) years of age and who applies for or renews a commercial driver's license or renewal of a commercial learner's permit under this article shall be registered in compliance with the requirements of Section 3 of the Military Selective Service Act, 50 USCS Appx. 451 et seq., as amended.
(b) The * * * Secretary of State shall
forward in an electronic format the necessary personal information of the
applicant to the Selective Service System. The applicant's submission of the
application shall serve as an indication that the applicant either has already
registered with the Selective Service System or that he is authorizing the * * * Secretary of State to
forward to the Selective Service System the necessary information for
registration. The * * * Secretary of State shall notify the applicant
on, or as a part of, the application that his submission of the application
will serve as his consent to registration with the Selective Service System, if
so required. The * * * Secretary of State also shall notify any male
applicant under the age of eighteen (18) that he will be registered upon
turning age eighteen (18) as required by federal law.
SECTION 43. Section 63-1-211, Mississippi Code of 1972, is amended as follows:
63-1-211. (1) Contents of license. A commercial driver's license shall be marked "commercial driver's license" or "CDL," and shall be, to the maximum extent practicable, tamper proof, and shall include, but not be limited to, the following information:
(a) The name and residential address of the person.
(b) The person's color photograph or imaged likeness.
(c) A physical description of the person including sex, height, and weight.
(d) Date of birth.
(e) Any number or identifier deemed appropriate by the commissioner.
(f) The person's signature.
(g) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive together with any endorsements or restrictions.
(h) The name of this state.
(i) The dates between which the license is valid.
(2) Classifications, endorsements and restrictions. Driver's licenses may be issued with the following classifications, endorsements, and restrictions:
(a) Classifications. Licensees may drive all vehicles in the class for which the license is issued and all lesser classes of vehicles, except those requiring special endorsements.
(i) Class A - Any combination of vehicles with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, provided the gross vehicle weight rating of the vehicle being towed is in excess of ten thousand (10,000) pounds.
(ii) Class B - Any single vehicle with a gross vehicle weight rating of twenty-six thousand one (26,001) pounds or more, and any such vehicle towing a vehicle not in excess of ten thousand (10,000) pounds.
(iii) Class C - Any single vehicle with a gross vehicle weight rating of less than twenty-six thousand one (26,001) pounds:
1. Vehicles designed to transport sixteen (16) or more passengers, including the driver; and
2. Vehicles used in the transportation of hazardous materials as defined in Section 63-1-203.
(iv) Class D - Class D licenses are not commercial driver's licenses and shall be governed by the provisions of Section 63-1-5.
(b) Licenses may be
issued with appropriate endorsements and restrictions noted thereon. The * * * Secretary of State shall determine
the manner of notation. Endorsements and restrictions may include, but are not
limited to, those which:
(i) Authorize a driver to drive a vehicle transporting hazardous materials;
(ii) Restrict the driver to vehicles not equipped with air brakes when the person either fails the air brake component of the knowledge test or performs the skills test in a vehicle not equipped with air brakes;
(iii) Authorize driving motorcycles that are not autocycles as defined in Section 63-3-103;
(iv) Authorize driving tank vehicles;
(v) Authorize driving vehicles carrying passengers;
(vi) Authorize driving school buses;
(vii) Authorize driving double trailers;
(viii) Restrict the driver to operation solely within this state. A commercial driver's license or commercial learner's permit with this restriction may be issued to any person who has attained the age of eighteen (18) years.
(3) Before issuing a
commercial driver's license, the * * * Secretary of State shall
request the applicant's complete operating record from any state in which the
applicant was previously licensed to operate any type of motor vehicle in the
past ten (10) years, conduct a check of the applicant's operating record by
querying the national driver register, established under 49 USCS Section 30302,
and the Commercial Driver's License Information System, established under 49
USCS Section 31309, to determine if:
(a) The applicant has already been issued a commercial driver's license; and the applicant's commercial driver's license has been suspended, revoked, or canceled;
(b) The applicant had been convicted of any offenses contained in Section 205(a)(3) of the National Driver Register Act of 1982 (23 USCS Section 401 note).
(4) Within ten (10) days
after issuing a commercial driver's license, the * * * Secretary of State shall
notify the Commercial Driver License Information System of that fact, providing
all information required to ensure identification of the person.
(5) The commercial driver's license shall expire in the manner set forth in Section 63-1-47.
(6) When applying for
renewal of a commercial driver's license, the applicant shall complete the
application form required by Section 63-1-210, providing updated information
and required certifications. If the applicant wishes to retain a hazardous
materials endorsement, the written test for a hazardous materials endorsement
must be taken and passed. In addition, the applicant must successfully
complete the security threat assessment required by 49 CFR, Part 1572. If
notice is received from the United States Transportation Security
Administration that the applicant poses a security risk, the * * * Secretary of State shall
refuse to issue, or revoke within fifteen (15) days of receipt of the notice, a
hazardous materials endorsement.
(7) The * * * Secretary of State shall provide a means for
electronic transmission of a medical card and may charge a vendor convenience
fee in an amount not to exceed Two Dollars and Fifty Cents ($2.50) per
transmission.
SECTION 44. Section 63-1-214, Mississippi Code of 1972, is amended as follows:
63-1-214. The * * * Secretary of State may
enter into or make agreements, arrangements or declarations to carry out the
provisions of this article.
SECTION 45. Section 63-1-221, Mississippi Code of 1972, is amended as follows:
63-1-221. (1) An applicant for a school bus endorsement shall satisfy the following requirements:
(a) Pass the knowledge and skills test for obtaining a passenger vehicle endorsement.
(b) Pass the knowledge test covering the following topics, at minimum:
(i) Loading and unloading children, including the safe operation of stop signal devices, external mirror systems, flashing lights, and other warning and passenger safety devices required for school buses by state or federal law or regulation.
(ii) Emergency exits and procedures for safely evacuating passengers in an emergency.
(iii) State and federal laws and regulations related to traversing safely highway rail grade crossings.
(c) Pass a skills test in a school bus of the same vehicle group as the applicant will operate.
(2) The * * * Secretary of State may waive
the skills test required in subsection (1)(a) of this section for an applicant
who:
(a) Is currently licensed, has experience operating a school bus, and has a good operating record;
(b) Certifies, and
whose certification is verified by the * * * Secretary of State, that,
during the two-year period immediately prior to applying for the school bus
endorsement, the applicant:
(i) Held a valid commercial driver's license with a passenger endorsement to operate a school bus representative of the group the applicant will be operating;
(ii) Has not had the applicant's operator's license or commercial driver's license suspended, revoked, or cancelled or been disqualified from operating a commercial motor vehicle;
(iii) Has not been convicted of any offense that would require disqualification under Section 63-1-216 or 49 CFR, Part 383.51(b);
(iv) Has not had more than one (1) conviction for a serious traffic violation while operating any type of motor vehicle;
(v) Has not had any conviction for a violation of state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with any traffic accident;
(vi) Has not been convicted of any motor vehicle traffic violation that resulted in an accident; and
(vii) Has been regularly employed as a school bus driver and provides evidence of such employment.
SECTION 46. Section 63-1-226, Mississippi Code of 1972, is amended as follows:
63-1-226. The * * * Secretary of State is
authorized to make use of the facilities and property upon which are located
inspection stations, as prescribed in Sections 27-5-71 and 27-5-73, for the
purpose of commercial driver's license testing sites under the Mississippi
Commercial Driver's License Law. The * * * Department of Revenue
shall cooperate with the * * * Commissioner of Public Safety Secretary of State in
making such property and facilities available for such use; however, the use of
the inspection stations by the * * * Secretary of
State shall not unreasonably interfere with the duties of the * * * Department of Revenue.
SECTION 47. Section 45-33-25, Mississippi Code of 1972, is amended as follows:
45-33-25. (1) (a) Any person having a permanent or temporary residence in this state or who is employed or attending school in this state who has been convicted of a registrable offense in this state or another jurisdiction or who has been acquitted by reason of insanity of a registrable offense in this state or another jurisdiction shall register with the responsible agency and the Mississippi Department of Public Safety. Registration shall not be required for an offense that is not a registrable sex offense or for an offender who is under fourteen (14) years of age. The department shall provide the initial registration information as well as every change of name, change of address, change of status at a school, or other change of information as required by the department to the sheriff of the county of the residence address of the registrant, the sheriff of the county of the employment address, and the sheriff of the county of the school address, if applicable, and any other jurisdiction of the registrant through either written notice, electronic or telephone transmissions, or online access to registration information. Further, the department shall provide this information to the Federal Bureau of Investigation. Additionally, upon notification by the registrant that he intends to reside outside the State of Mississippi, the department shall notify the appropriate state law enforcement agency of any state to which a registrant is moving or has moved.
(b) Any person having
a permanent or temporary residence or who is employed or attending school in
this state who has been adjudicated delinquent for a registrable sex offense
listed in this paragraph that involved use of force against the victim shall
register as a sex offender with the responsible agency and shall personally
appear at a facility designated by the Mississippi Department of Public
Safety * * * within three (3) business days of registering with
the responsible agency:
(i) Section 97-3-71 relating to rape and assault with intent to ravish;
(ii) Section 97-3-95 relating to sexual battery;
(iii) Section 97-3-65 relating to statutory rape; or
(iv) Conspiracy to commit, accessory to the commission of, or attempt to commit any offense listed in this paragraph.
(2) Any person required to register under this chapter shall submit the following information at the time of registration:
(a) Name, including a former name which has been legally changed;
(b) Street address of all current permanent and temporary residences within state or out of state at which the sex offender resides or habitually lives, including dates of temporary lodgings. There is a presumption that a registrant owes a duty of updating registration information if:
(i) The registrant remains away from a registered address for seven (7) or more consecutive days; or
(ii) If the registrant remains at another address between the hours of 10:00 p.m. and 6:00 a.m. for more than seven (7) consecutive days;
(c) Date, place and address of employment, including as a volunteer or unpaid intern or as a transient or day laborer;
(d) Crime for which charged, arrested or convicted;
(e) Date and place of conviction, adjudication or acquittal by reason of insanity;
(f) Aliases used or nicknames, ethnic or tribal names by which commonly known;
(g) Social security number and any purported social security number or numbers;
(h) Date and place of birth and any purported date and place of birth;
(i) Age, race, sex, height, weight, hair and eye colors, and any other physical description or identifying factors;
(j) A brief description of the offense or offenses for which the registration is required;
(k) Driver's license or state or other jurisdiction identification card number, which license or card may be electronically accessed by the Department of Public Safety;
(l) Anticipated future residence;
(m) If the registrant's residence is a motor vehicle, trailer, mobile home or manufactured home, the registrant shall also provide vehicle identification number, license tag number, registration number and a description, including color scheme, of the motor vehicle, trailer, mobile home or manufactured home; if the registrant's place of residence is a vessel or houseboat, the registrant shall also provide the hull identification number, manufacturer's serial number, name of the vessel or houseboat, registration number and a description, including color scheme, of the vessel or houseboat, including permanent or frequent locations where the motor vehicle, trailer, mobile home, manufactured home, vessel or houseboat is kept;
(n) Vehicle make, model, color and license tag number for all vehicles owned or operated by the sex offender, whether for work or personal use, and the permanent or frequent locations where a vehicle is kept;
(o) Offense history;
(p) Photograph;
(q) Fingerprints and palm prints;
(r) Documentation of any treatment received for any mental abnormality or personality disorder of the person;
(s) Biological sample;
(t) Name of any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education at which the offender is employed, carries on a vocation (with or without compensation) or is enrolled as a student, or will be enrolled as a student, and the registrant's status;
(u) Copy of conviction or sentencing order for the sex offense for which registration is required;
(v) The offender's parole, probation or supervised release status and the existence of any outstanding arrest warrants;
(w) Every online identity, screen name or username used, registered or created by a registrant;
(x) Professional licensing information which authorizes the registrant to engage in an occupation or carry out a trade or occupation;
(y) Information from passport and immigration documents;
(z) All telephone numbers, including, but not limited to, permanent residence, temporary residence, cell phone and employment phone numbers, whether landlines or cell phones; and
(aa) Any other information deemed necessary.
(3) For purposes of this chapter, a person is considered to be residing in this state if he maintains a permanent or temporary residence as defined in Section 45-33-23, including students, temporary employees and military personnel on assignment.
(4) (a) A person required to register under this chapter shall not reside within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school, a child care facility, a residential child-caring agency, a children's group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.
(b) A person residing within three thousand (3,000) feet of the real property comprising a public or nonpublic elementary or secondary school or a child care facility does not commit a violation of this subsection if any of the following apply:
(i) The person is serving a sentence at a jail, prison, juvenile facility or other correctional institution or facility.
(ii) The person is subject to an order of commitment under Title 41, Mississippi Code of 1972.
(iii) The person established the subject residence before July 1, 2006.
(iv) The school or child care facility is established within three thousand (3,000) feet of the person's residence subsequent to the date the person established residency.
(v) The person established the subject residence between July 1, 2006, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the school or child care facility.
(vi) The person is a minor or a ward under a guardianship.
(c) A person residing within three thousand (3,000) feet of the real property comprising a residential child-caring agency, a children's group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years does not commit a violation of this subsection if any of the following apply:
(i) The person established the subject residence before July 1, 2008.
(ii) The residential child-caring agency, children's group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years is established within three thousand (3,000) feet of the person's residence subsequent to the date the person established residency.
(iii) The person established the subject residence between July 1, 2008, and January 1, 2014, in a location at least one thousand five hundred (1,500) feet from the residential child-caring agency, children's group care home, playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.
(iv) Any of the conditions described in subsection (4)(b)(i), (ii) or (vi) exist.
(5) The Department of Public Safety is required to obtain the text of the law defining the offense or offenses for which the registration is required.
(6) Any facility designated by the Department of Public Safety for personal appearances as required under this chapter shall be separate from any building utilized by the Secretary of State for licensing and permitting purposes. The Department of Public Safety is authorized to enter into agreements with other law enforcement offices in this state for utilization of those facilities or to allow such other law enforcement offices to assume responsibility for in person appearance requirements under this chapter.
SECTION 48. Section 45-33-27, Mississippi Code of 1972, is amended as follows:
45-33-27. (1) A person
required to register on the basis of a conviction, adjudication of delinquency
or acquittal by reason of insanity entered shall register with the responsible
agency within three (3) business days of the date of judgment unless the person
is immediately confined or committed, in which case the person shall register
before release in accordance with the procedures established by the
department. The responsible agency shall immediately forward the registration
information to the Department of Public Safety. The person is also required to
personally appear at a facility designated by the Department of Public
Safety * * * within three (3) days of registration with the
responsible agency and to obtain a sex offender registration card.
(2) If a person who is
required to register under this section is released from prison or placed on
parole or supervised release or in a restitution center or community work
center, the Department of Corrections shall perform the registration duties
before placement in a center or before release and immediately forward the
registration information to the Department of Public Safety. The person is
also required to personally appear at a facility designated by the
Department of Public Safety * * * within three (3) days
of release or placement in a restitution center or community work center.
(3) If a person required to
register under this section is placed on probation, the court, at the time of entering
the order, shall register the person and immediately forward the registration
information to the Department of Public Safety. The person is also required to
personally appear at a facility designated by the Department of Public
Safety * * * within three (3) days of the entry of the order.
(4) Any person required to
register who is neither incarcerated, detained nor committed at the time the
requirement to register attaches shall present himself to the county sheriff to
register within three (3) business days, and shall personally appear at a facility
designated by the Department of Public Safety * * * within three (3) days
of the time the requirement to register attaches.
(5) An offender moving to
or returning to this state from another jurisdiction shall notify the
Department of Public Safety ten (10) days before the person first resides in or
returns to this state and shall present himself to the sheriff of the county of
his residence within three (3) business days after first residing in or
returning to a county of this state to provide the required registration
information. The person is also required to register by personally appearing
at a facility designated by the Department of Public Safety * * * within three (3) days
after first residing in or moving to a county of this state. If the offender
fails to appear for registration as required in this state, the department
shall notify the other jurisdiction of the failure to register.
(6) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered shall register with the sheriff of the county in which he resides no later than August 15, 2000, or within three (3) business days of first residing in or returning to a county of this state.
(7) Every person required to register shall show proof of domicile. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which such person may show domicile.
(8) Any driver's license photograph, I.D. photograph, sex offender photograph, fingerprint, driver's license application and/or anything submitted to the Department of Public Safety by a known convicted sex offender, registered or not registered, can be used by the Department of Public Safety or any other authorized law enforcement agency for any means necessary in registration, identification, investigation regarding their tracking or identification.
(9) The department will assist local law enforcement agencies in the effort to conduct address and other verifications of registered sex offenders and will assist in the location and apprehension of noncompliant sex offenders.
SECTION 49. Section 45-33-29, Mississippi Code of 1972, is amended as follows:
45-33-29. (1) Upon
any change of address, including temporary lodging, an offender required to
register under this chapter is required to personally appear at a facility
designated by the Department of Public Safety * * * not less than ten
(10) days before he intends to first reside at the new address.
(2) Upon any change in the
status of a registrant's enrollment, employment or vocation at any public or
private educational institution, including any secondary school, trade or
professional institution or institution of higher education, the offender is
required to personally appear at a facility designated by the Department
of Public Safety * * * within three (3) business days of the
change.
(3) Upon any change of
employment or change of name, a registrant is required to personally appear at
a facility designated by the Department of Public Safety * * * within three (3)
business days of the change.
(4) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(5) Upon any change of e-mail address or addresses, instant message address or addresses, or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(6) Upon any change of information deemed by the department to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
SECTION 50. Section 45-33-31, Mississippi Code of 1972, is amended as follows:
45-33-31. (1) (a) Registrants who are in compliance with a program of electronic monitoring under this chapter are required to reregister annually.
(b) All other
registrants are required to personally appear at a facility designated by
the Department of Public Safety * * * to reregister every
ninety (90) days.
(2) Reregistration includes the submission of current information and photograph to the department and the verification of registration information, including the street address and telephone number of the registrant; name, street address and telephone number of the registrant's employment or status at a school, along with any other registration information that may need to be verified and the payment of any required fees.
(3) A person who fails to reregister and obtain a renewal sex offender registration card as required by this section commits a violation of this chapter. The Department of Public Safety will immediately notify any sheriff or other jurisdiction of any changes in information including residence address, employment and status at a school if that jurisdiction, county or municipality is affected by the change.
SECTION 51. Section 45-33-33, Mississippi Code of 1972, is amended as follows:
45-33-33. (1) (a) The
failure of an offender to personally appear at a facility designated by the
Department of Public Safety * * * or to provide any
registration or other information, including, but not limited to, initial
registration, reregistration, change of address information, change of
employment, change of name, required notification to a volunteer organization
or any other registration duty or submission of information required by this
chapter is a violation of this chapter. Additionally, forgery of information
or submission of information under false pretenses, whether by the registrant
or another person, is also a violation of this chapter.
(b) A person commits a violation of this chapter who:
(i) Knowingly
harbors, or knowingly attempts to harbor, or knowingly assists another person
in harboring or attempting to harbor a sex offender who is in violation of this
chapter; * * *
(ii) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter; or
(iii) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.
(c) A registrant who is required to submit to electronic monitoring who does not comply with all the terms and conditions of the electronic monitoring commits a violation of this chapter.
(2) (a) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00), imprisonment in the custody of the Department of Corrections for not more than five (5) years, or both fine and imprisonment.
(b) A person who is required to register under this chapter who is subsequently convicted for a registration violation under this section, upon release from incarceration, shall submit to mandatory electronic monitoring under the program established under Section 45-33-45 for a period computed by subtracting the time the person spent in actual incarceration from the five-year maximum imprisonment for the offense and the period of post-release monitoring shall not be suspended or reduced by the court or the Department of Corrections.
(3) Whenever it appears that an offender has failed to comply with the duty to register, reregister or submit to electronic monitoring, the department shall promptly notify the sheriff of the county of the last-known address of the offender as well as the sheriff of the county of the last-known location of the offender, if different. Upon notification, the sheriff shall attempt to locate the offender at his last-known address or last-known location.
(a) If the sheriff locates the offender, he shall enforce the provisions of this chapter, including initiation of prosecution if appropriate. The sheriff shall then notify the department with the current information regarding the offender.
(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register, reregister or comply with electronic monitoring. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database and issue a warrant for the offender's arrest. The department shall notify the United States Marshals Service of the offender's noncompliant status and shall update the registry database and website to show the defendant's noncompliant status as an absconder.
(4) A violation of this chapter shall result in the arrest of the offender.
(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of the violation.
(6) A person required to register under this chapter who commits any act or omission in violation of this chapter may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sex offender, the county in which the conviction occurred for the offense or offenses that meet the criteria requiring the person to register, the county in which he was designated a sex offender, or the county in which the sex offender was found.
(7) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or driving privilege of any offender failing to comply with the duty to report, register or reregister, submit to monitoring, or who has provided false information.
(8) When a person required to register under this chapter is accused of any registration offense under this section, pretrial release on bond shall be conditioned on the offender's submission to electronic monitoring under the program established under Section 45-33-45.
SECTION 52. Section 45-33-35, Mississippi Code of 1972, is amended as follows:
45-33-35. (1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.
(2) Upon conviction,
adjudication or acquittal by reason of insanity of any sex offender, if the sex
offender is not immediately confined or not sentenced to a term of
imprisonment, the clerk of the court which convicted and sentenced the sex
offender shall inform the person of the duty to register, including the duty to
personally appear at a facility designated by the Department of Public
Safety * * *, and shall perform the registration duties as
described in Section 45-33-23 and forward the information to the department.
(3) Before release from
prison or placement on parole, supervised release or in a work center or
restitution center, the Department of Corrections shall inform the person of
the duty to register, including the duty to personally appear at a facility
designated by the Department of Public Safety * * *, and shall perform
the registration duties as described in Section 45-33-23 and forward the
information to the Department of Public Safety.
(4) Before release from a
community regional mental health center or from confinement in a mental
institution following an acquittal by reason of insanity, the director of the
facility shall inform the offender of the duty to register, including the duty
to personally appear at a facility designated by the Department of
Public Safety * * *, and shall perform the registration duties
as described in Section 45-33-23 and forward the information to the Department
of Public Safety.
(5) Before release from a
youthful offender facility, the director of the facility shall inform the
person of the duty to register, including the duty to personally appear at a facility
designated by the Department of Public Safety * * *, and shall perform
the registration duties as described in Section 45-33-23 and forward the
information to the Department of Public Safety.
(6) In addition to performing the registration duties, the responsible agency shall:
(a) Inform the person having a duty to register that:
(i) The person is
required to personally appear at a facility designated by the Department
of Public Safety * * * at least ten (10) days before changing
address.
(ii) Any change of
address to another jurisdiction shall be reported to the department by
personally appearing at a facility designated by the Department of Public
Safety * * * not less than ten (10) days before the change of
address. The offender shall comply with any registration requirement in the
new jurisdiction.
(iii) The person must register in any jurisdiction where the person is employed, carries on a vocation, is stationed in the military or is a student.
(iv) Address
verifications shall be made by personally appearing at a facility designated
by the Department of Public Safety * * * within the required
time period.
(v) Notification
or verification of a change in status of a registrant's enrollment, employment
or vocation at any public or private educational institution, including any
secondary school, trade or professional institution, or institution of higher
education shall be reported to the department by personally appearing at a facility
designated by the Department of Public Safety * * * within three (3)
business days of the change.
(vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1).
(vii) Upon any
change of name or employment, a registrant is required to personally appear at
a facility designated by the Department of Public Safety * * * within three (3)
business days of the change.
(viii) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(ix) Upon any change of e-mail address or addresses, instant message address or addresses or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(x) Upon any change of information deemed to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.
(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.
(c) Obtain or facilitate the obtaining of a biological sample from every registrant as required by this chapter if such biological sample has not already been provided to the Mississippi Forensics Laboratory.
(d) Provide a copy of the order of conviction or sentencing order to the department at the time of registration.
SECTION 53. Section 45-33-43, Mississippi Code of 1972, is amended as follows:
45-33-43. At the
time a person surrenders a driver's license from another jurisdiction or makes
an application for a driver's license, temporary driving permit, intermediate
license, commercial driver's license or identification card issued under
Section 45-35-3, the * * * Secretary of State shall provide the applicant
with written information on the registration requirements of this chapter and
shall require written acknowledgment by the applicant of receipt of the
notification.
SECTION 54. Section 45-9-101, Mississippi Code of 1972, is amended as follows:
45-9-101. (1) (a) Except
as otherwise provided, the * * * Secretary of
State is authorized to issue licenses to carry stun guns, concealed pistols
or revolvers to persons qualified as provided in this section. Such licenses
shall be valid throughout the state for a period of five (5) years from the
date of issuance. Any person possessing a valid license issued pursuant to
this section may carry a stun gun, concealed pistol or concealed revolver.
(b) The licensee must carry the license, together with valid identification, at all times in which the licensee is carrying a stun gun, concealed pistol or revolver and must display both the license and proper identification upon demand by a law enforcement officer. A violation of the provisions of this paragraph (b) shall constitute a noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall be enforceable by summons.
(2) The * * * Secretary of
State shall issue a license if the applicant:
(a) Is a resident of the state. However, this residency requirement may be waived if the applicant possesses a valid permit from another state, is active military personnel stationed in Mississippi, or is a retired law enforcement officer establishing residency in the state;
(b) (i) Is twenty-one (21) years of age or older; or
(ii) Is at least eighteen (18) years of age but not yet twenty-one (21) years of age and the applicant:
1. Is a member or veteran of the United States Armed Forces, including National Guard or Reserve; and
2. Holds a
valid Mississippi driver's license or identification card issued by the * * * Secretary of
State;
(c) Does not suffer from a physical infirmity which prevents the safe handling of a stun gun, pistol or revolver;
(d) Is not ineligible to possess a firearm by virtue of having been convicted of a felony in a court of this state, of any other state, or of the United States without having been pardoned for same;
(e) Does not chronically or habitually abuse controlled substances to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses controlled substances to the extent that his faculties are impaired if the applicant has been voluntarily or involuntarily committed to a treatment facility for the abuse of a controlled substance or been found guilty of a crime under the provisions of the Uniform Controlled Substances Law or similar laws of any other state or the United States relating to controlled substances within a three-year period immediately preceding the date on which the application is submitted;
(f) Does not chronically and habitually use alcoholic beverages to the extent that his normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses alcoholic beverages to the extent that his normal faculties are impaired if the applicant has been voluntarily or involuntarily committed as an alcoholic to a treatment facility or has been convicted of two (2) or more offenses related to the use of alcohol under the laws of this state or similar laws of any other state or the United States within the three-year period immediately preceding the date on which the application is submitted;
(g) Desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself;
(h) Has not been adjudicated mentally incompetent, or has waited five (5) years from the date of his restoration to capacity by court order;
(i) Has not been voluntarily or involuntarily committed to a mental institution or mental health treatment facility unless he possesses a certificate from a psychiatrist licensed in this state that he has not suffered from disability for a period of five (5) years;
(j) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony unless three (3) years have elapsed since probation or any other conditions set by the court have been fulfilled;
(k) Is not a fugitive from justice; and
(l) Is not disqualified to possess a weapon based on federal law.
(3) The * * * Secretary of
State may deny a license if the applicant has been found guilty of one or
more crimes of violence constituting a misdemeanor unless three (3) years have
elapsed since probation or any other conditions set by the court have been
fulfilled or expunction has occurred prior to the date on which the application
is submitted, or may revoke a license if the licensee has been found guilty of
one or more crimes of violence within the preceding three (3) years. The
Department of Public Safety shall, upon notification by a law
enforcement agency or a court and subsequent written verification, suspend a
license or the processing of an application for a license if the licensee or
applicant is arrested or formally charged with a crime which would disqualify
such person from having a license under this section, until final disposition
of the case. The provisions of subsection (7) of this section shall apply to
any suspension or revocation of a license pursuant to the provisions of this
section.
(4) The application shall
be completed, under oath, on a form promulgated by the * * * Secretary of
State and shall include only:
(a) The name, address, place and date of birth, race, sex and occupation of the applicant;
(b) The driver's license number or social security number of applicant;
(c) Any previous address of the applicant for the two (2) years preceding the date of the application;
(d) A statement that the applicant is in compliance with criteria contained within subsections (2) and (3) of this section;
(e) A statement that the applicant has been furnished a copy of this section and is knowledgeable of its provisions;
(f) A conspicuous warning that the application is executed under oath and that a knowingly false answer to any question, or the knowing submission of any false document by the applicant, subjects the applicant to criminal prosecution; and
(g) A statement that the applicant desires a legal means to carry a stun gun, concealed pistol or revolver to defend himself.
(5) The applicant shall
submit only the following to the * * * Secretary of
State:
(a) A completed application as described in subsection (4) of this section;
(b) A full-face
photograph of the applicant taken within the preceding thirty (30) days in
which the head, including hair, in a size as determined by the * * * Secretary of
State, except that an applicant who is younger than twenty-one (21) years
of age must submit a photograph in profile of the applicant;
(c) A nonrefundable license fee of Eighty Dollars ($80.00). Costs for processing the set of fingerprints as required in paragraph (d) of this subsection shall be borne by the applicant. Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States shall be exempt from the payment of the license fee;
(d) A full set of
fingerprints of the applicant administered by the * * * Secretary of
State; and
(e) A waiver
authorizing the * * * Secretary of State access to any
records concerning commitments of the applicant to any of the treatment
facilities or institutions referred to in subsection (2) and permitting access
to all the applicant's criminal records.
(6) (a) The * * * Secretary of
State, upon receipt of the items listed in subsection (5) of this section,
shall forward the full set of fingerprints of the applicant to the appropriate
agencies for state and federal processing.
(b) The * * * Secretary of
State shall forward a copy of the applicant's application to the sheriff of
the applicant's county of residence and, if applicable, the police chief of the
applicant's municipality of residence. The sheriff of the applicant's county
of residence and, if applicable, the police chief of the applicant's
municipality of residence may, at his discretion, participate in the process by
submitting a voluntary report to the * * * Secretary of
State containing any readily discoverable prior information that he feels
may be pertinent to the licensing of any applicant. The reporting shall be
made within thirty (30) days after the date he receives the copy of the
application. Upon receipt of a response from a sheriff or police chief, such
sheriff or police chief shall be reimbursed at a rate set by the * * * Secretary of State.
(c) The * * * Secretary of
State shall, within forty-five (45) days after the date of receipt of the
items listed in subsection (5) of this section:
(i) Issue the license;
(ii) Deny the
application based solely on the ground that the applicant fails to qualify
under the criteria listed in subsections (2) and (3) of this section. If the * * * Secretary of
State denies the application, it shall notify the applicant in writing,
stating the ground for denial, and the denial shall be subject to the appeal
process set forth in subsection (7); or
(iii) Notify the
applicant that the * * * Secretary of State is unable to make a
determination regarding the issuance or denial of a license within the forty-five-day
period prescribed by this subsection, and provide an estimate of the amount of
time the department will need to make the determination.
(d) In the event a
legible set of fingerprints, as determined by the * * * Secretary of
State and the Federal Bureau of Investigation, cannot be obtained after a
minimum of two (2) attempts, the * * * Secretary of
State shall determine eligibility based upon a name check by the Mississippi
Highway Safety Patrol and a Federal Bureau of Investigation name check
conducted by the Mississippi Highway Safety Patrol at the request of the * * * Secretary of
State.
(7) (a) If the * * * Secretary of
State denies the issuance of a license, or suspends or revokes a license,
the party aggrieved may appeal such denial, suspension or revocation to the * * * Secretary of
State, or his authorized agent, within thirty (30) days after the aggrieved
party receives written notice of such denial, suspension or revocation. The * * * Secretary of
State, or his duly authorized agent, shall rule upon such appeal within
thirty (30) days after the appeal is filed and failure to rule within this
thirty-day period shall constitute sustaining such denial, suspension or
revocation. Such review shall be conducted pursuant to such reasonable rules
and regulations as the * * * Secretary of State may adopt.
(b) If the revocation,
suspension or denial of issuance is sustained by the * * * Secretary of
State, or his duly authorized agent pursuant to paragraph (a) of this
subsection, the aggrieved party may file within ten (10) days after the
rendition of such decision a petition in the circuit or county court of his
residence for review of such decision. A hearing for review shall be held and
shall proceed before the court without a jury upon the record made at the
hearing before the * * * Secretary of State or his duly
authorized agent. No such party shall be allowed to carry a stun gun,
concealed pistol or revolver pursuant to the provisions of this section while
any such appeal is pending.
(8) The * * * Secretary of
State shall maintain an automated listing of license holders and such
information shall be available online, upon request, at all times, to all law
enforcement agencies through the Mississippi Crime Information Center.
However, the records of the * * * Secretary of State relating
to applications for licenses to carry stun guns, concealed pistols or revolvers
and records relating to license holders shall be exempt from the provisions of
the Mississippi Public Records Act of 1983, and
shall be released only upon order of a court having proper jurisdiction over a
petition for release of the record or records.
(9) Within thirty (30) days
after the changing of a permanent address, or within thirty (30) days after
having a license lost or destroyed, the licensee shall notify the * * * Secretary of
State in writing of such change or loss. Failure to notify the * * * Secretary of
State pursuant to the provisions of this subsection shall constitute a
noncriminal violation with a penalty of Twenty-five Dollars ($25.00) and shall
be enforceable by a summons.
(10) In the event that a
stun gun, concealed pistol or revolver license is lost or destroyed, the person
to whom the license was issued shall comply with the provisions of subsection
(9) of this section and may obtain a duplicate, or substitute thereof, upon
payment of Fifteen Dollars ($15.00) to the * * * Secretary of
State, and furnishing a notarized statement to the * * * Secretary of State that such
license has been lost or destroyed.
(11) A license issued under this section shall be revoked if the licensee becomes ineligible under the criteria set forth in subsection (2) of this section.
(12) (a) No less than
ninety (90) days prior to the expiration date of the license, the * * * Secretary of
State shall mail to each licensee a written notice of the expiration and a
renewal form prescribed by the * * * Secretary of State. The
licensee must renew his license on or before the expiration date by filing with
the department the renewal form, a notarized affidavit stating that the licensee
remains qualified pursuant to the criteria specified in subsections (2) and (3)
of this section, and a full set of fingerprints administered by the * * * Secretary of
State or the sheriff of the county of residence of the licensee. The first
renewal may be processed by mail and the subsequent renewal must be made in
person. Thereafter every other renewal may be processed by mail to assure that
the applicant must appear in person every ten (10) years for the purpose of obtaining
a new photograph.
(i) Except as provided in this subsection, a renewal fee of Forty Dollars ($40.00) shall also be submitted along with costs for processing the fingerprints;
(ii) Honorably retired law enforcement officers, disabled veterans and active duty members of the Armed Forces of the United States shall be exempt from the renewal fee; and
(iii) The renewal fee for a Mississippi resident aged sixty-five (65) years of age or older shall be Twenty Dollars ($20.00).
(b) The * * * Secretary of
State shall forward the full set of fingerprints of the applicant to the
appropriate agencies for state and federal processing. The license shall be
renewed upon receipt of the completed renewal application and appropriate
payment of fees.
(c) A licensee who fails to file a renewal application on or before its expiration date must renew his license by paying a late fee of Fifteen Dollars ($15.00). No license shall be renewed six (6) months or more after its expiration date, and such license shall be deemed to be permanently expired. A person whose license has been permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsection (5) of this section must be submitted, and a background investigation shall be conducted pursuant to the provisions of this section.
(13) No license issued pursuant to this section shall authorize any person to carry a stun gun, concealed pistol or revolver into any place of nuisance as defined in Section 95-3-1, Mississippi Code of 1972; any police, sheriff or highway patrol station; any detention facility, prison or jail; any courthouse; any courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his courtroom; any polling place; any meeting place of the governing body of any governmental entity; any meeting of the Legislature or a committee thereof; any school, college or professional athletic event not related to firearms; any portion of an establishment, licensed to dispense alcoholic beverages for consumption on the premises, that is primarily devoted to dispensing alcoholic beverages; any portion of an establishment in which beer or light wine is consumed on the premises, that is primarily devoted to such purpose; any elementary or secondary school facility; any junior college, community college, college or university facility unless for the purpose of participating in any authorized firearms-related activity; inside the passenger terminal of any airport, except that no person shall be prohibited from carrying any legal firearm into the terminal if the firearm is encased for shipment, for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; any church or other place of worship, except as provided in Section 45-9-171; or any place where the carrying of firearms is prohibited by federal law. In addition to the places enumerated in this subsection, the carrying of a stun gun, concealed pistol or revolver may be disallowed in any place in the discretion of the person or entity exercising control over the physical location of such place by the placing of a written notice clearly readable at a distance of not less than ten (10) feet that the "carrying of a pistol or revolver is prohibited." No license issued pursuant to this section shall authorize the participants in a parade or demonstration for which a permit is required to carry a stun gun, concealed pistol or revolver.
(14) A law enforcement officer as defined in Section 45-6-3, chiefs of police, sheriffs and persons licensed as professional bondsmen pursuant to Chapter 39, Title 83, Mississippi Code of 1972, shall be exempt from the licensing requirements of this section. The licensing requirements of this section do not apply to the carrying by any person of a stun gun, pistol or revolver, knife, or other deadly weapon that is not concealed as defined in Section 97-37-1.
(15) Any person who knowingly submits a false answer to any question on an application for a license issued pursuant to this section, or who knowingly submits a false document when applying for a license issued pursuant to this section, shall, upon conviction, be guilty of a misdemeanor and shall be punished as provided in Section 99-19-31, Mississippi Code of 1972.
(16) All fees collected by
the * * * Secretary of State pursuant to this section
shall be deposited into a special fund hereby created in the State Treasury and
shall be used for implementation and administration of this section. After the
close of each fiscal year, the balance in this fund shall be certified to the
Legislature and then may be used by the * * * Secretary of
State as directed by the Legislature.
(17) All funds received by a sheriff or police chief pursuant to the provisions of this section shall be deposited into the general fund of the county or municipality, as appropriate, and shall be budgeted to the sheriff's office or police department as appropriate.
(18) Nothing in this section shall be construed to require or allow the registration, documentation or providing of serial numbers with regard to any stun gun or firearm.
(19) Any person holding a
valid unrevoked and unexpired license to carry stun guns, concealed pistols or
revolvers issued in another state shall have such license recognized by this
state to carry stun guns, concealed pistols or revolvers. The * * * Secretary of
State is authorized to enter into a reciprocal agreement with another state
if that state requires a written agreement in order to recognize licenses to
carry stun guns, concealed pistols or revolvers issued by this state. All
prior agreements entered into by the Department of Public Safety shall remain
valid in this state until such agreement is revoked or amended by the Secretary
of State.
(20) The provisions of this
section shall be under the supervision of the * * * Secretary of
State. The * * * Secretary of State is authorized to promulgate
reasonable rules and regulations to carry out the provisions of this section.
(21) For the purposes of this section, the term "stun gun" means a portable device or weapon from which an electric current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure, momentarily stun, knock out, cause mental disorientation or paralyze.
(22) (a) * * * The * * * Secretary of
State shall promulgate rules and regulations which provide that licenses
authorized by this section for honorably retired law enforcement officers and
honorably retired correctional officers from the Mississippi Department of
Corrections shall (i) include the words "retired law enforcement
officer" on the front of the license, and (ii) that the license itself
have a red background to distinguish it from other licenses issued under this
section.
(b) An honorably retired law enforcement officer and honorably retired correctional officer shall provide the following information to receive the license described in this section: (i) a letter, with the official letterhead of the agency or department from which such officer is retiring, which explains that such officer is honorably retired, and (ii) a letter with the official letterhead of the agency or department, which explains that such officer has completed a certified law enforcement training academy.
(23) A disabled veteran who seeks to qualify for an exemption under this section shall be required to provide, as proof of service-connected disability, verification from the United States Department of Veterans Affairs.
(24) A license under this section is not required for a loaded or unloaded pistol or revolver to be carried upon the person in a sheath, belt holster or shoulder holster or in a purse, handbag, satchel, other similar bag or briefcase or fully enclosed case if the person is not engaged in criminal activity other than a misdemeanor traffic offense, is not otherwise prohibited from possessing a pistol or revolver under state or federal law, and is not in a location prohibited under subsection (13) of this section.
SECTION 55. Section 97-37-7, Mississippi Code of 1972, is amended as follows:
97-37-7. (1) (a) It shall
not be a violation of Section 97-37-1 or any other statute for pistols,
firearms or other suitable and appropriate weapons to be carried by duly
constituted bank guards, company guards, watchmen, railroad special agents or
duly authorized representatives who are not sworn law enforcement officers,
agents or employees of a patrol service, guard service, or a company engaged in
the business of transporting money, securities or other valuables, while
actually engaged in the performance of their duties as such, provided that such
persons have made a written application and paid a nonrefundable permit fee of
One Hundred Dollars ($100.00) to the * * * Secretary of
State.
(b) No permit shall be
issued to any person who has ever been convicted of a felony under the laws of
this or any other state or of the United States. To determine an applicant's
eligibility for a permit, the person shall be fingerprinted. If no
disqualifying record is identified at the state level, the fingerprints shall
be forwarded by the * * * Secretary of State to the Federal
Bureau of Investigation for a national criminal history record check. The * * * Secretary of State shall
charge a fee which includes the amounts required by the Federal Bureau of
Investigation and the department for the national and state criminal history
record checks and any necessary costs incurred by the department for the
handling and administration of the criminal history background checks. In the
event a legible set of fingerprints, as determined by the * * * Secretary of
State and the Federal Bureau of Investigation, cannot be obtained after a
minimum of three (3) attempts, the * * * Secretary of
State shall determine eligibility based upon a name check by the
Mississippi Highway Safety Patrol and a Federal Bureau of Investigation name
check conducted by the Mississippi Highway Safety Patrol at the request of the * * * Secretary of
State.
(c) A person may
obtain a duplicate of a lost or destroyed permit upon payment of a Fifteen
Dollar ($15.00) replacement fee to the * * * Secretary of
State, if he furnishes a notarized statement to the * * * Secretary of State that the
permit has been lost or destroyed.
(d) (i) No less than
ninety (90) days prior to the expiration date of a permit, the * * * Secretary of
State shall * * * provide notice of expiration to the permit holder * * * together with the
renewal form prescribed by the * * * Secretary of State. The
permit holder shall renew the permit on or before the expiration date by filing
with the * * *
Secretary of State the renewal form, a notarized affidavit stating that
the permit holder remains qualified, and the renewal fee of Fifty Dollars
($50.00); honorably retired law enforcement officers shall be exempt from
payment of the renewal fee. A permit holder who fails to file a renewal
application on or before its expiration date shall pay a late fee of Fifteen Dollars
($15.00).
(ii) Renewal of the permit shall be required every four (4) years. The permit of a qualified renewal applicant shall be renewed upon receipt of the completed renewal application and appropriate payment of fees.
(iii) A permit cannot be renewed six (6) months or more after its expiration date, and such permit shall be deemed to be permanently expired; the holder may reapply for an original permit as provided in this section.
(2) It shall not be a
violation of this or any other statute for pistols, firearms or other suitable
and appropriate weapons to be carried by Department of Wildlife, Fisheries and
Parks law enforcement officers, railroad special agents who are sworn law
enforcement officers, investigators employed by the Attorney General, criminal
investigators employed by the district attorneys, all prosecutors, public
defenders, investigators or probation officers employed by the Department of
Corrections, employees of the State Auditor who are authorized by the State
Auditor to perform investigative functions, employees of the Secretary of
State who are authorized by the Secretary of State to perform investigative
functions, or any deputy fire marshal or investigator employed by the State
Fire Marshal, while engaged in the performance of their duties as such, or by
fraud investigators with the Department of Human Services, or by judges of the
Mississippi Supreme Court, Court of Appeals, circuit, chancery, county, justice
and municipal courts, or by coroners. Before any person shall be authorized
under this subsection to carry a weapon, he shall complete a weapons training
course approved by the Board of Law Enforcement Officer Standards and
Training. Before any criminal investigator employed by a district attorney
shall be authorized under this section to carry a pistol, firearm or other
weapon, he shall have complied with Section 45-6-11 or any training program
required for employment as an agent of the Federal Bureau of Investigation. A
law enforcement officer, as defined in Section 45-6-3, shall be authorized to
carry weapons in courthouses in performance of his official duties. A person
licensed under Section 45-9-101 to carry a concealed pistol, who (a) has
voluntarily completed an instructional course in the safe handling and use of
firearms offered by an instructor certified by a nationally recognized
organization that customarily offers firearms training, or by any other
organization approved by the * * * Secretary of
State, (b) is a member or veteran of any active or reserve component branch
of the United States of America Armed Forces having completed law enforcement
or combat training with pistols or other handguns as recognized by such branch
after submitting an affidavit attesting to have read, understand and agree to
comply with all provisions of the enhanced carry law, or (c) is an honorably
retired law enforcement officer or honorably retired member or veteran of any
active or reserve component branch of the United States of America Armed Forces
having completed law enforcement or combat training with pistols or other
handguns, after submitting an affidavit attesting to have read, understand and
agree to comply with all provisions of Mississippi enhanced carry law shall
also be authorized to carry weapons in courthouses except in courtrooms during
a judicial proceeding, and any location listed in subsection (13) of Section 45-9-101,
except any place of nuisance as defined in Section 95-3-1, any police, sheriff
or highway patrol station or any detention facility, prison or jail. For the
purposes of this subsection (2), component branch of the United States Armed
Forces includes the Army, Navy, Air Force, Coast Guard or Marine Corps, or the
Army National Guard, the Army National Guard of the United States, the Air
National Guard or the Air National Guard of the United States, as those terms
are defined in Section 101, Title 10, United States Code, and any other reserve
component of the United States Armed Forces enumerated in Section 10101, Title
10, United States Code. The * * * Secretary of State shall
promulgate rules and regulations allowing concealed pistol permit holders to
obtain an endorsement on their permit indicating that they have completed the
aforementioned course and have the authority to carry in these locations. This
section shall in no way interfere with the right of a trial judge to restrict
the carrying of firearms in the courtroom.
For purposes of this subsection (2), the following words shall have the meanings described herein, unless the context otherwise requires:
(i) "Courthouse" means any building in which a circuit court, chancery court, youth court, municipal court, justice court or any appellate court is located, or any building in which a court of law is regularly held.
(ii) "Courtroom" means the actual room in which a judicial proceeding occurs, including any jury room, witness room, judge's chamber, office housing the judge's staff, or similar room. "Courtroom" shall not mean hallways, courtroom entrances, courthouse grounds, lobbies, corridors, or other areas within a courthouse which are generally open to the public for the transaction of business outside of an active judicial proceeding, the grassed areas, cultivated flower beds, sidewalks, parking lots, or other areas contained within the boundaries of the public land upon which the courthouse is located.
(3) It shall not be a violation of this or any other statute for pistols, firearms or other suitable and appropriate weapons, to be carried by any out-of-state, full-time commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification. The provisions of this subsection shall only apply if the state where the out-of-state officer is employed has entered into a reciprocity agreement with the state that allows full-time commissioned law enforcement officers in Mississippi to lawfully carry or possess a weapon in such other states. The Commissioner of Public Safety is authorized to enter into reciprocal agreements with other states to carry out the provisions of this subsection.
SECTION 56. Section 97-37-9, Mississippi Code of 1972, is amended as follows:
97-37-9. Any person indicted or charged for a violation of Section 97-37-1 may show as a defense:
(a) That he was threatened, and had good and sufficient reason to apprehend a serious attack from any enemy, and that he did so apprehend; or
(b) That he was traveling and was not a tramp, or was setting out on a journey and was not a tramp; or
(c) That he was a law enforcement or peace officer in the discharge of his duties; or
(d) That he was at the time in the discharge of his duties as a mail carrier; or
(e) That he was at the time engaged in transporting valuables for an express company or bank; or
(f) That he was a member of the Armed Forces of the United States, National Guard, State Militia, Emergency Management Corps, guard or patrolman in a state or municipal institution while in the performance of his official duties; or
(g) That he was in lawful pursuit of a felon; or
(h) That he was lawfully engaged in legitimate sports; or
(i) That at the time he was a company guard, bank guard, watchman, or other person enumerated in Section 97-37-7, and was then actually engaged in the performance of his duties as such, and then held a valid permit from the sheriff, the commissioner of public safety, or a valid permit issued by the Secretary of State prior to May 1, 1974, or after January 1, 2021, to carry the weapon; and the burden of proving either of said defenses shall be on the accused; or
(j) That at the time he or she was a member of a church or place of worship security program, and was then actually engaged in the performance of his or her duties as such and met the requirements of Section 45-9-171.
SECTION 57. Section 45-1-13, Mississippi Code of 1972, is amended as follows:
45-1-13. Notwithstanding
the provisions of Sections 45-1-1, 45-1-5, 45-1-17, and 45-3-7 through
45-3-9, * * *
Mississippi Code of 1972, designating or specifying the division or department
in which any employee shall be employed and the duties which such employee
shall perform, the commissioner shall have full power and authority, in his
discretion, to place and use any employees in any other division or department
and to require such employees to perform and discharge duties arising under the
Highway Safety Patrol and Driver's License Law of 1938.
SECTION 58. Section 45-1-37, Mississippi Code of 1972, is amended as follows:
45-1-37. * * * The Commissioner of Public Safety is
hereby authorized and directed to seek reciprocal agreements with bordering
states to allow law enforcement officers of the State of Mississippi to enter
into such bordering states while in pursuit of persons who have committed
crimes for the purpose of apprehending and arresting such persons. Any state
who enters into such reciprocal agreement shall be authorized to enter into the
State of Mississippi for the same purpose.
* * *
SECTION 59. Section 23-15-47, Mississippi Code of 1972, is amended as follows:
23-15-47. (1) Any person who is qualified to register to vote in the State of Mississippi may register to vote by mail-in application in the manner prescribed in this section.
(2) The following procedure shall be used in the registration of electors by mail:
(a) Any qualified elector may register to vote by mailing or delivering a completed mail-in application to his or her county registrar at least thirty (30) days before any election; however, if the thirtieth day to register before an election falls on a Sunday or legal holiday, the registration applications submitted on the business day immediately following the Sunday or legal holiday shall be accepted and entered into the Statewide Elections Management System for the purpose of enabling voters to vote in the next election. The postmark date of a mailed application shall be the applicant's date of registration.
(b) Upon receipt of a
mail-in application, the county registrar shall stamp the application with the
date of receipt, and shall verify the application either by matching the
applicant's Mississippi driver's license number through the * * * Secretary
of State or by matching the applicant's social security number through the
American Association of Motor Vehicle Administrators. Within fourteen
(14) days of receipt of a mail-in registration application, the county
registrar shall complete action on the application, including any attempts to
notify the applicant of the status of his or her application.
(c) If the county registrar determines that the applicant is qualified and his or her application is legible and complete, the county registrar shall mail the applicant written notification that the application has been approved, specifying the county voting precinct, municipal voting precinct, if any, polling place and supervisor district in which the person shall vote. This written notification of approval containing the specified information shall be the voter's registration card. The registration card shall be provided by the county registrar to the applicant in accordance with Section 23-15-39. Upon entry of the voter registration information into the Statewide Elections Management System, the system shall assign a voter registration number to the applicant. The assigned voter registration number shall be clearly shown on the written notification of approval. In mailing the written notification, the county registrar shall note the following on the envelope: "DO NOT FORWARD". If any registration notification form is returned as undeliverable, the voter's registration shall be void.
(d) A mail-in application shall be rejected for any of the following reasons:
(i) An incomplete portion of the application makes it impossible for the registrar to determine the eligibility of the applicant to register;
(ii) A portion of the application is illegible in the opinion of the county registrar and makes it impossible to determine the eligibility of the applicant to register;
(iii) The county registrar is unable to determine, from the address and information stated on the application, the precinct in which the voter should be assigned or the supervisor district in which he or she is entitled to vote;
(iv) The applicant is not qualified to register to vote pursuant to Section 23-15-11;
(v) The county registrar determines that the applicant is already registered as a qualified elector of the county;
(vi) The county registrar is unable to verify the application pursuant to subsection (2)(b) of this section.
(e) If the mail-in application of a person is subject to rejection for any of the reasons set forth in paragraph (d)(i) through (iii) of this subsection, and it appears to the county registrar that the defect or omission is of such a minor nature and that any necessary additional information may be supplied by the applicant over the telephone or by further correspondence, the county registrar may write or call the applicant at the telephone number or address, or both, provided on the application. If the county registrar is able to contact the applicant by mail or telephone, the county registrar shall attempt to ascertain the necessary information, and if this information is sufficient for the registrar to complete the application, the applicant shall be registered. If the necessary information cannot be obtained by mail or telephone, or is not sufficient to complete the application within fourteen (14) days of receipt, the county registrar shall give the applicant written notice of the rejection and provide the reason for the rejection. The county registrar shall further inform the applicant that he or she has a right to attempt to register by appearing in person or by filing another mail-in application.
(f) If a mail-in application is subject to rejection for the reason stated in paragraph (d)(v) of this subsection and the "present home address" portion of the application is different from the residence address for the applicant found in the Statewide Elections Management System, the mail-in application shall be deemed a written request to update the voter's registration pursuant to Section 23-15-13. The county registrar or the election commissioners shall update the voter's residence address in the Statewide Elections Management System and, if necessary, advise the voter of a change in the location of his or her county or municipal polling place by mailing the voter a new voter registration card.
(3) The instructions and the application form for voter registration by mail shall be in a form established by rule duly adopted by the Secretary of State.
(4) (a) The Secretary of State shall prepare and furnish without charge the necessary forms for application for voter registration by mail to each county registrar, municipal clerk, all public schools, each private school that requests such applications, and all public libraries.
(b) The Secretary of
State shall distribute without charge sufficient forms for application for
voter registration * * *
to each driver's license examining and renewal station in the state, and shall
ensure that the forms are regularly available to the public at such stations.
(c) Bulk quantities of forms for application for voter registration by mail shall be furnished by the Secretary of State to any person or organization. The Secretary of State shall charge a person or organization the actual cost he or she incurs in providing bulk quantities of forms for application for voter registration to such person or organization.
(5) The originals of completed mail-in applications shall remain on file in the office of the county registrar with copies retained in the Statewide Elections Management System.
(6) If the applicant indicates on the application that he or she resides within the city limits of a city or town in the county of registration, the county registrar shall enter the information into the Statewide Elections Management System.
(7) If the applicant indicates on the application that he or she has previously registered to vote in another county of this state or another state, notice to the voter's previous county of registration in this state shall be provided through the Statewide Elections Management System. If the voter's previous place of registration was in another state, notice shall be provided to the voter's previous state of residence.
(8) Any person who attempts to register to vote by mail shall be subject to the penalties for false registration provided for in Section 23-15-17.
SECTION 60. Section 23-15-49, Mississippi Code of 1972, is amended as follows:
23-15-49. (1)
(a) The Secretary of State shall * * * establish a secure Internet website to permit registered
electors to change their name, address or other information set forth in the
elector's existing voter registration record.
(b) Upon the request of an elector through the secure website, the software used by the Secretary of State for processing applications through the website shall provide for verification that:
(i) The
elector has a current and valid Mississippi driver's license or photo
identification card issued by the * * * Secretary
of State and the number for that driver's license or photo identification
card provided by the applicant matches the number for the elector's driver's
license or photo identification card that is on file with the * * * Secretary
of State; and
(ii) The
name and date of birth provided by the voter matches the name and date of birth
that is on file with the * * * Mississippi Department of Public Safety; and Secretary of
State.
* * *
If any of the
information does not match that on file with the * * * Secretary
of State, the changes shall be rejected.
(2) Any person who attempts to change registration information under this section shall be subject to the penalties for false registration provided for in Section 97-13-25.
* * *
SECTION 61. Section 23-15-135, Mississippi Code of 1972, is amended as follows:
23-15-135. (1) The master voter roll as electronically maintained by the Statewide Elections Management System of the several voting precincts of each county and the pollbooks heretofore in use shall be delivered to the registrar of the county, and they, together with the master voter roll and pollbooks hereafter made, shall be records of his or her office, and he or she shall carefully preserve the same as such; and after each election the pollbooks shall be speedily returned to the office of the registrar.
(2) The registrar of each county shall provide a location in the registrar's office at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution.
* * *
SECTION 62. Section 23-15-169.1, Mississippi Code of 1972, is amended as follows:
23-15-169.1. The Secretary
of State * * * shall enter into * * * any necessary agreement to grant the
Secretary of State's Office "read only" access to the driver's
license database and identification cardholder database for the purpose of
matching information in the database of the Statewide Elections Management
System created in Section 23-15-163 et seq. to the extent required to enable
the Secretary of State to verify the accuracy of information provided on
applications for voter registration in compliance with the Help America Vote
Act of 2002.
SECTION 63. Section 23-15-169.2, Mississippi Code of 1972, is amended as follows:
23-15-169.2. The * * * Secretary of
State shall enter into an agreement with the Commissioner of Social Security
under Section 205(r)(8) of the Social Security Act in accordance with the Help
America Vote Act of 2002 to verify the accuracy of applicable information
provided by the * * * Secretary of State with respect
to applications for voter registration.
SECTION 64. Section 41-39-139, Mississippi Code of 1972, is amended as follows:
41-39-139. (a) The Mississippi Department of Public Safety and the Secretary of State may establish or contract for the establishment of a donor registry.
(b) The Mississippi Department of Public Safety and the Secretary of State shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.
(c) A donor registry must:
(1) Allow a donor or other person authorized under Section 41-39-107 to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;
(2) Be accessible to a procurement organization to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and
(3) Be accessible for purposes of paragraphs (1) and (2) seven (7) days a week on a twenty-four-hour basis.
(d) Except as otherwise provided in subsection (f), personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.
(e) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (c) and (d).
(f) At the time that a
person is renewing his or her driver's license, the * * * Secretary of
State shall ask the person if he or she would like to be a donor. If the
answer is yes, the * * * Secretary of State shall inform the prospective
donor that his or her decision to be a donor cannot be revoked, changed or
contested after his or her death by the donor's next of kin or by any other
person, and shall ask the person if he or she desires information about the
person's decision to be a donor to be sent to another person or persons. If
the answer is yes, the * * * Secretary of State shall obtain the name and
mailing address of the person or persons designated by the prospective donor,
and the donor registry shall send the information about the prospective donor's
decision to the designated person or persons as requested.
SECTION 65. Section 97-17-43, Mississippi Code of 1972, is amended as follows:
97-17-43. (1) If any person shall feloniously take, steal and carry away any personal property of another under the value of One Thousand Dollars ($1,000.00), he shall be guilty of petit larceny and, upon conviction, may be punished by imprisonment in the county jail not exceeding six (6) months or by a fine not exceeding One Thousand Dollars ($1,000.00), or both, if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not exceeding one (1) year or a fine not exceeding One Thousand Dollars ($1,000.00), or both. The total value of property taken, stolen or carried away by the person from a single victim shall be aggregated in determining the gravity of the offense. Any person convicted of a third or subsequent offense under this section where the value of the property is not less than Five Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years or fined an amount not exceeding One Thousand Dollars ($1,000.00), or both.
(2) If any person shall feloniously take, steal and carry away any property of a church, synagogue, temple or other established place of worship under the value of One Thousand Dollars ($1,000.00), he shall be guilty of petit larceny and, upon conviction, may be punished by imprisonment in the county jail not exceeding one (1) year or by a fine not exceeding Two Thousand Dollars ($2,000.00), or both, if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not exceeding one (1) year or a fine not exceeding Two Thousand Dollars ($2,000.00), or both. Any person convicted of a third or subsequent offense under this section where the value of the property is not less than Five Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years or fined an amount not exceeding Two Thousand Dollars ($2,000.00), or both.
(3) Any person who leaves the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicle without having made due payment or authorized charge for the motor fuel so dispensed, with intent to defraud the retail establishment, shall be guilty of petit larceny and punished as provided in subsection (1) of this section and, upon any second or subsequent such offense, the driver's license of the person shall be suspended as follows:
(a) The person shall
submit the driver's license to the court upon conviction and the court shall
forward the driver's license to the * * * Secretary of
State.
(b) The first suspension of a driver's license under this subsection shall be for a period of six (6) months.
(c) A second or subsequent suspension of a driver's license under this subsection shall be for a period of one (1) year.
(d) At the expiration
of the suspension period, and upon payment of a restoration fee of Twenty-five
Dollars ($25.00), the suspension shall terminate and the * * * Secretary of
State shall return the person's driver's license to the person. The
restoration fee shall be in addition to the fees provided for in Chapter 1,
Title 63, * * *
and shall be deposited into the State General Fund in accordance with Section
45-1-23.
SECTION 66. Section 9-1-49, Mississippi Code of 1972, is amended as follows:
9-1-49. (1) The clerk of
the court shall prepare and forward to the * * * Secretary of
State the information described by subsection (2) of this section not later
than the thirtieth day after the date the court:
(a) Judicially determines that a person is a person with mental illness or person with an intellectual disability under Title 41, Chapter 21, Mississippi Code of 1972, whether ordered for inpatient treatment, outpatient treatment, day treatment, night treatment or home health services treatment;
(b) Acquits a person in a criminal case by reason of insanity or on a ground of intellectual disability, without regard to whether the person is ordered by a court to receive inpatient treatment or residential care under Section 99-13-7;
(c) Appoints a guardian or conservator under Article 2, 3 or 4 of Title 93, Chapter 20, Mississippi Code of 1972, based on the determination that the person is incapable of managing his own person or estate;
(d) Determines that a person is incompetent to stand trial pursuant to Rule 9.06 of the Mississippi Rules of Circuit and County Court Practice;
(e) Finds under Section 93-20-318 or 93-20-430 that a person has been restored to reason; or
(f) Enters an order of relief from a firearms disability under Section 97-37-5(4).
(2) The clerk of the court shall prepare and forward the following information:
(a) The complete name, race, and sex of the person;
(b) Any known identifying number of the person, including social security number, driver's license number, or state identification card number;
(c) The person's date of birth; and
(d) The federal prohibited-person information that is the basis of the report required by this section.
(3) If practicable, the
clerk of the court shall forward to the * * * Secretary of
State the information described by subsection (2) of this section in an
electronic format prescribed by the * * * Secretary of State.
(4) If an order previously
reported to the * * * Secretary of State under subsection (1) of this
section is reversed by order of any court, the clerk shall notify the * * * Secretary of State of the
reversal not later than thirty (30) days after the clerk receives the court
order or the mandate from the appellate court.
(5) The duty of a clerk to prepare and forward information under this section is not affected by:
(a) Any subsequent appeal of the court order;
(b) Any subsequent modification of the court order; or
(c) The expiration of the court order.
SECTION 67. Section 41-39-103, Mississippi Code of 1972, is amended as follows:
41-39-103. In Sections 41-39-101 through 41-39-149:
(1) "Adult" means an individual who is at least eighteen (18) years of age.
(2) "Agent" means an individual:
(A) Authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or
(B) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal.
(3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.
(4) "Decedent" means a deceased individual whose body or part is or may be the source of an anatomical gift. The term includes a stillborn infant and, subject to restrictions imposed by law other than Sections 41-39-101 through 41-39-149, a fetus.
(5) "Disinterested witness" means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift, or another adult who exhibited special care and concern for the individual. The term does not include a person to which an anatomical gift could pass under Section 41-39-121.
(6) "Document of gift" means a donor card or other record used to make an anatomical gift. The term includes a statement or symbol on a driver's license, identification card, or donor registry.
(7) "Donor" means an individual whose body or part is the subject of an anatomical gift.
(8) "Donor registry" means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.
(9) "Driver's
license" means a license or permit issued by the * * * Secretary of State to operate a vehicle,
whether or not conditions are attached to the license or permit.
(10) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.
(11) "Guardian" means a person appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.
(12) "Hospital" means a facility licensed as a hospital under the law of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.
(13)
"Identification card" means an identification card issued by the * * * Secretary of State.
(14) "Know" means to have actual knowledge.
(15) "Minor" means an individual who is under eighteen (18) years of age.
(16) "Organ procurement organization" means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.
(17) "Parent" means a parent whose parental rights have not been terminated.
(18) "Part" means an organ, an eye, or tissue of a human being. The term does not include the whole body.
(19) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(20) "Physician" means an individual authorized to practice medicine or osteopathy under the law of any state.
(21) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.
(22) "Prospective donor" means an individual who is dead or near death, Glasgow Coma Scale of five (5) or less, and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made a refusal.
(23) "Reasonably available" means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.
(24) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.
(25) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(26) "Refusal" means a record created under Section 41-39-113 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part.
(27) "Sign" means, with the present intent to authenticate or adopt a record:
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic symbol, sound, or process.
(28) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(29) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an enucleator.
(30) "Tissue" means a portion of the human body other than an organ or an eye. The term does not include blood unless the blood is donated for the purpose of research or education.
(31) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.
(32) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of transplant patients.
SECTION 68. Section 63-16-13, Mississippi Code of 1972, is amended as follows:
63-16-13. (1) If
the operator of a motor vehicle being operated on the public roads, streets or
highways of the State of Mississippi or registered in the State of Mississippi
has been found failing to have motor vehicle liability insurance in at least
the minimum amounts required under Section 63-15-3(j), it is a misdemeanor and,
upon conviction, is punishable by a fine of One Hundred Dollars ($100.00) and
suspension of driving privilege for a period of one (1) year or until the owner
of the motor vehicle shows proof of liability insurance that is in compliance
with the liability limits required by Section 63-15-3(j) and has paid the fines
and assessments imposed and the driver's license reinstatement fees imposed by
the * * * Secretary of State. A judge shall determine
whether the defendant is indigent, and if a determination of indigence is made,
shall authorize the reinstatement of that person's driver's license upon proof
of mandatory liability insurance subject to compliance with a payment plan for
any fines, assessments and/or fees. If such fines are levied in a municipal
court, the funds from such fines shall be deposited in the general fund of the
municipality. If such fines are levied in any of the courts of the county, the
funds from such fines shall be deposited in the general fund of the county. A
person convicted of a criminal offense under this subsection (1) shall not be
convicted of a criminal offense under Section 63-15-4(4) arising from the same
incident.
(2) (a) There is created in the State Treasury a special fund to be designated as the "Uninsured Motorist Identification Fund." The fund shall consist of monies deposited therein as provided under subsection (1) of this section and monies from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund; however, one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to a special fund created in the State Treasury for the purpose of funding a Highway Patrol Trooper School, and one-half (1/2) of any monies in excess of the amount needed to defray the expenses and costs of the verification system created under Section 63-16-3 remaining in the fund at the end of a fiscal year shall be transferred to the Mississippi Trauma Care Systems Fund created under Section 41-59-75.
(b) Monies in the Uninsured Motorist Identification Fund may be used by the Department of Public Safety, upon appropriation by the Legislature, only for the purpose of defraying expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. In addition, at any time during a fiscal year, if the Department of Public Safety determines that funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund created under Section 45-2-1 are insufficient, the department may request the State Fiscal Officer to transfer funds from the Uninsured Motorist Identification Fund. The State Fiscal Officer may make an appropriate transfer if he determines that the funds in the Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund are insufficient and the funds in the Uninsured Motorist Identification Fund will be sufficient for defraying the expenses and costs for the motor vehicle insurance verification system created under Section 63-16-3. Monies in the fund used for the purposes described in this paragraph (b) shall be in addition to other funds available from any other source for such purposes.
SECTION 69. Section 63-9-25, Mississippi Code of 1972, is amended as follows:
63-9-25. (1) Whenever any
person lawfully possessed of a driver's license theretofore issued to him by
the * * * Secretary of State of the State of Mississippi,
or under the laws of any other state or territory, or the District of Columbia
of the United States, shall be arrested and charged with any offense against
the traffic or motor vehicle laws or rules of the road of this state, or any
municipality thereof, he shall have the option of depositing his driver's license
so issued to him with the arresting officer or the court in lieu of any other
security which may be required for his appearance in any court in this state in
answer to such charge lodged in such court.
(2) If such person arrested elects to deposit his license as provided, the arresting officer or court shall issue such person a receipt for said license upon a form furnished or prescribed by the Mississippi Department of Public Safety, and thereafter said person shall be permitted to operate a motor vehicle upon the highways of this state and streets of the municipalities thereof during the pendency of the case in which the license was deposited unless his license or privilege is otherwise revoked, suspended or canceled, but in no case for a period longer than thirty (30) days.
(3) The clerk of the court in which the charge is lodged shall immediately forward to the department the license of the driver deposited in lieu of bail if the driver fails to appear in answer to the charge against him. The Commissioner of Public Safety or his authorized agent shall, upon receipt of a license so forwarded by the court, suspend the driver's license and driving privilege of the defaulting driver until notified by the court that the charge against such driver has been finally adjudicated.
(4) The commissioner shall, upon receipt of a license of a nonresident driver, forward notice to his counterpart in the state of the driver's residence of the fact that such driver has been charged with a traffic or motor vehicle offense or a violation of the rules of the road and has so deposited his license in lieu of bail.
(5) The making of an application for a duplicate driver's license during the period when the original license is posted for an appearance in a court shall be unlawful, shall constitute a misdemeanor and a person convicted thereof shall be subject to a fine of not more than Five Hundred Dollars ($500.00) or imprisonment for not more than six (6) months, or both fine and imprisonment.
(6) The provisions of this section shall not govern arrests for driving under the influence of alcohol. The procedure set forth in the Mississippi Implied Consent Law, Sections 63-11-1 through 63-11-47, Mississippi Code of 1972, shall apply.
SECTION 70. Section 23-15-7, Mississippi Code of 1972, is amended as follows:
23-15-7. (1) The Secretary
of State shall * * * enter into a Memorandum of Understanding * * * with the registrar of each county for
the purpose of providing a Mississippi Voter Identification Card. The card
shall be valid for the purpose of voter identification purposes under Section
23-15-563 and available only to registered voters of this state. No fee shall
be charged or collected for the application for or issuance of a Mississippi
Voter Identification Card. Any costs associated with the application for or
issuance of a Mississippi Voter Identification Card shall be made payable from
the state's General Fund.
(2) The registrar of each county shall provide a location in the registrar's office at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution; however, in counties having two (2) judicial districts the registrar shall provide a location in the registrar's office in each judicial district at which he or she shall accept applications for Mississippi Voter Identification Cards in accordance with the Mississippi Constitution.
(3) No person shall be eligible for a Mississippi Voter Identification Card if the person has a valid unexpired Mississippi driver's license or an identification card issued under Section 45-35-1 et seq.
(4) (a) The Mississippi Voter Identification Card shall be captioned "MISSISSIPPI VOTER IDENTIFICATION CARD" and shall contain a prominent statement that under Mississippi law it is valid only as identification for voting purposes. The identification card shall include the following information regarding the applicant:
(i) Full legal name;
(ii) Legal residence address;
(iii) Mailing address, if different; and
(iv) Voting information.
(b) The Mississippi Voter Identification Card shall also contain the date the voter identification card was issued, the county in which the voter is registered and such other information as required by the Secretary of State.
(5) The application shall be signed and sworn to by the applicant and any falsification or fraud in the making of the application shall constitute false swearing under Section 97-7-35.
(6) The registrar shall require presentation and verification of any of the following information during the application process before issuance of a Mississippi Voter Identification Card:
(a) A photo identity document; or
(b) Documentation showing the person's date and place of birth; or
(c) A social security card; or
(d) A Medicare card; or
(e) A Medicaid card; or
(f) Such other acceptable evidence of verification of residence in the county as determined by the Secretary of State.
(7) A Mississippi Voter Identification Card shall remain valid for as long as the cardholder remains qualified to vote. It shall be the duty of a person who moves his or her residence within this state to surrender his or her voter identification card to the registrar of the county of his or her new residence and that person may thereafter apply for and receive a new card if such person is eligible under this section. It shall be the duty of a person who moves his or her residence outside this state or who ceases to be qualified to vote to surrender his or her card to the registrar who issued it.
(8) The Secretary of State * * * shall adopt rules and regulations for the administration of
this section.
SECTION 71. Section 37-25-7, Mississippi Code of 1972, is amended as follows:
37-25-7. Each school district providing driver training and education shall prescribe regulations determining who can best profit by and who shall receive instruction under this program. It is provided, however, that any student receiving instruction under this chapter shall be:
(a) Fourteen (14) years of age or above;
(b) A regularly enrolled student in the ninth, tenth, eleventh or twelfth grade; and
(c) A full-time student in the respective secondary school.
Any driver education student
under fifteen (15) years of age shall secure a learner's permit issued by the * * * Secretary of
State which shall be valid only while the student is under the direct
supervision of a driver education instructor and is actually enrolled in an
approved course of driver education which consists of thirty (30) hours of
classroom and six (6) hours of dual driving instruction. The learner's permit
shall expire at the end of the driver training course. The * * * Secretary of
State shall charge a fee of One Dollar ($1.00) for the issuance of a
learner's permit.
SECTION 72. Section 41-39-127, Mississippi Code of 1972, is amended as follows:
41-39-127. (a) When a hospital refers an individual at or near death to a procurement organization, the organization shall make a reasonable search of the records of the Mississippi Department of Public Safety, Mississippi Secretary of State, and any donor registry that it knows exists for the geographical area in which the individual resides to ascertain whether the individual has made an anatomical gift.
(b) A procurement organization must be allowed reasonable access to information in the records of the Mississippi Department of Public Safety and Secretary of State to ascertain whether an individual at or near death is a donor.
(c) When a hospital refers an individual at or near death to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education from a donor or a prospective donor. The organ procurement organizations, tissue bank, or eye bank, or hospital medical professionals under the direction thereof, may perform any and all tests to evaluate the deceased as a potential donor and any invasive procedures on the deceased body in order to preserve the potential donor's organs. During the examination period, measures necessary to ensure the medical suitability of the part may not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent. The procurement organization representative shall initiate the consent process with reasonable discretion and sensitivity to the family's circumstances, values and beliefs.
(d) Unless prohibited by law other than Sections 41-39-101 through 41-39-149, at any time after a donor's death, the person to which a part passes under Section 41-39-121 may conduct any reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.
(e) Unless prohibited by law other than Sections 41-39-101 through 41-39-149, an examination under subsection (c) or (d) may include an examination of all medical and dental records of the donor or prospective donor.
(f) Upon the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.
(g) Upon referral by a hospital under subsection (a), a procurement organization shall make a reasonable search for any person listed in Section 41-39-117 having priority to make an anatomical gift on behalf of a prospective donor. If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, it shall promptly advise the other person of all relevant information.
(h) Subject to Sections 41-39-121(i) and 41-39-143, the rights of the person to which a part passes under Section 41-39-121 are superior to the rights of all others with respect to the part. The person may accept or reject an anatomical gift in whole or in part. Subject to the terms of the document of gift and Sections 41-39-101 through 41-39-149, a person that accepts an anatomical gift of an entire body may allow embalming, burial or cremation, and use of remains in a funeral service. If the gift is of a part, the person to which the part passes under Section 41-39-121, upon the death of the donor and before embalming, burial, or cremation, shall cause the part to be removed without unnecessary mutilation.
(i) Neither the physician who attends the decedent at death nor the physician who determines the time of the decedent's death may participate in the procedures for removing or transplanting a part from the decedent.
(j) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.
SECTION 73. Section 93-11-153, Mississippi Code of 1972, is amended as follows:
93-11-153. As used in Sections 93-11-151 through 93-11-163, the following words and terms shall have the meanings ascribed herein:
(a) "Licensing
entity" or "entity" means any entity specified in Title 73,
Professions and Vocations, of the Mississippi Code, and includes the
Mississippi * * * Secretary of State with respect
to driver's licenses, the Mississippi * * * Department of Revenue
with respect to licenses for the sale of alcoholic beverages and other licenses
or registration authorizing a person to engage in a business, the Mississippi
Department of Wildlife, Fisheries and Parks with respect to hunting and fishing
licenses, and any other state agency that issues a license authorizing a person
to engage in a business, occupation or profession. For the purposes of this
article, the Supreme Court shall be considered to be the licensing entity for
attorneys.
(b) "License" means a license, certificate, permit, credential, registration, or any other authorization issued by a licensing entity that allows a person to engage in a business, occupation or profession, to operate a motor vehicle, to sell alcoholic beverages, or to hunt and fish.
(c) "Licensee" means any person holding a license issued by a licensing entity.
(d) "Order for support" means any judgment or order that provides for payments of a sum certain for the support of a child, whether it is temporary or final, and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage, or a sum certain due for a support arrearage.
(e) "Out of compliance with an order for support" means that the obligor is at least thirty (30) days in arrears or delinquent in making payments in full for current support, or in making periodic payments on a support arrearage.
(f) "Department" means the Mississippi Department of Human Services.
(g) "Division" means the division within the department that is charged with the state administration of Title IV-D of the Social Security Act.
(h) "Delinquency" means any payments of a sum certain ordered by any court to be paid by a noncustodial parent for the support of a child that have remained unpaid for at least thirty (30) days after payment is due. Delinquency shall also include payments of a sum certain ordered by any court to be paid for maintenance of a spouse that have remained unpaid for at least thirty (30) days.
SECTION 74. Section 63-15-4, Mississippi Code of 1972, is amended as follows:
63-15-4. (1) The following vehicles are exempted from the requirements of this section:
(a) Motor vehicles exempted by Section 63-15-5;
(b) Motor vehicles for which a bond or a certificate of deposit of money or securities in at least the minimum amounts required for proof of financial responsibility is on file with the department;
(c) Motor vehicles that are self-insured under Section 63-15-53; and
(d) Implements of husbandry.
(2) (a) Every motor vehicle operated in this state shall have a motor vehicle liability insurance policy that covers the vehicle and is in compliance with the liability limits required by Section 63-15-3(j). The insured parties shall be responsible for maintaining the insurance on each motor vehicle.
(b) An insurance company issuing a policy of motor vehicle liability insurance as required by this section shall furnish to the insured an insurance card for each motor vehicle at the time the insurance policy becomes effective. The insurance card may be furnished in either paper or electronic format as chosen by the insured. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device. Beginning on July 1, 2013, insurers shall furnish commercial auto coverage customers with an insurance card clearly marked with the identifier, "Commercial Auto Insurance" or "Fleet" or similar language, to reflect that the vehicle is insured under a commercial auto policy.
(3) Upon stopping a motor vehicle at a roadblock where all passing motorists are checked as a method to enforce traffic laws or upon stopping a motor vehicle for any other statutory violation, a law enforcement officer, who is authorized to issue traffic citations, shall verify that the insurance card required by this section is in the motor vehicle or is displayed by electronic image on a cellular phone or other type of electronic device. However, no driver shall be stopped or detained solely for the purpose of verifying that the motor vehicle is covered by liability insurance in the amounts required under Section 63-15-3(j) unless the stop is part of such roadblock. If the law enforcement officer uses the verification system created in Section 63-16-3 and receives a response from the system verifying that the owner of the motor vehicle has liability insurance in the amounts required under Section 63-15-3(j), then the officer shall not issue a citation under this section notwithstanding any failure to display an insurance card by the owner or operator.
(4) Failure of the owner or
the operator of a motor vehicle to have the insurance card in the motor vehicle,
or to display the insurance card by electronic image on a cellular phone or
other type of electronic device, is a misdemeanor and, upon conviction, is
punishable by a fine of One Hundred Dollars ($100.00) and suspension of driving
privilege for a period of one (1) year or until the owner of the motor vehicle
shows proof of liability insurance that is in compliance with the liability
limits required by Section 63-15-3(j) and has paid the fines and assessments
imposed and the driver's license reinstatement fees imposed by the * * * Secretary of
State. A judge shall determine whether the defendant is indigent, and if a
determination of indigence is made, shall authorize the reinstatement of that
person's driver's license upon proof of mandatory liability insurance subject
to compliance with a payment plan for any fines, assessments and/or fees.
Fraudulent use of an insurance card shall be punishable in accordance with
Section 97-7-10. If such fines are levied in a municipal court, the funds from
such fines shall be deposited in the general fund of the municipality. If such
fines are levied in any of the courts of the county, the funds from such fines
shall be deposited in the general fund of the county. A person convicted of a
criminal offense under this subsection (4) shall not be convicted of a criminal
offense under Section 63-16-13(1) arising from the same incident.
(5) If, at the hearing date or the date of payment of the fine the owner shows proof that such insurance was in effect at the time of citation, the case shall be dismissed as to the defendant with prejudice and all court costs shall be waived against the defendant.
(6) No law enforcement officer may access any function, feature or other electronic image on a person's cellular phone or other type of electronic device when enforcing the provisions of this section except for the electronic image of an insurance card shown to the officer.
SECTION 75. Section 47-5-157, Mississippi Code of 1972, is amended as follows:
47-5-157. When an offender
is entitled to a discharge from the custody of the department, or is released
therefrom on parole, pardon, or otherwise, the commissioner or his designee
shall prepare and deliver to him a written discharge or release, as the case
may be, dated and signed by him with seal annexed, giving the offender's name,
the name of the offense or offenses for which he was convicted, the term of
sentence imposed and the date thereof, the county in which he was sentenced,
the amount of commutation received, if any, the trade he has learned, if any,
his proficiency in same, and such description of the offender as may be
practicable and the discharge plan developed as required by law. At least
fifteen (15) days prior to the release of an offender as described herein, the
director of records of the department shall give the written notice which is
required pursuant to Section 47-5-177. The offender shall be furnished, if
needed, suitable civilian clothes, a Mississippi driver's license, or a state
identification card that is * * *
issued by the Secretary of State and all money held to his credit by any
official of the correctional system shall be delivered to him.
The amount of money which an offender is entitled to receive from the State of Mississippi when he is discharged from the state correctional system shall be determined as follows:
(a) If he has continuously served his sentence in one (1) year or less flat time, he shall be given Fifteen Dollars ($15.00).
(b) If he has served his sentence in more than one (1) year flat time and in less than ten (10) years flat time, he shall be given Twenty-five Dollars ($25.00).
(c) If he has continuously served his sentence in ten (10) or more years flat time, he shall be given Seventy-five Dollars ($75.00).
(d) If he has continuously served his sentence in twenty (20) or more years flat time, he shall be given One Hundred Dollars ($100.00).
There shall be given in addition to the above specified monies in subsections (a), (b), (c) and (d), a bus ticket to the county of conviction or to a state line of Mississippi.
SECTION 76. Section 45-1-12, Mississippi Code of 1972, is amended as follows:
45-1-12. (1) The salaries
of all officers of the Mississippi Highway Safety Patrol who have completed the
course of instruction in an authorized highway patrol training school on
general law enforcement, and are serving as a sworn officer of the Highway
Patrol in the enforcement of the laws of the State of Mississippi, * * *
and the sworn officers of the Mississippi Bureau of Narcotics, shall be
determined and paid in accordance with the scale for officers salaries as
provided in this subsection:
Department of Public Safety Sworn Officers Salary Schedule -
2015-2016 Fiscal Year and Thereafter
Rank Years of Experience
Less than 4 Over 4 Over 8 Over 12
Trooper 38,000
Trooper FC 41,000
Corporal 44,000
Sergeant 47,000
Rank Years of Experience
Over 16 Over 20 Over 24 Over 29
Staff Sgt. 50,000
Sr. Staff Sgt. 53,000
Sgt. 1st Class 56,000 59,000
Rank Years of Experience
Over 5 Over 10 Over 15 Over 20 Over 25 Over 29
Master Sgt. 53,000 56,000 59,000 62,000 65,000 68,000
Lieutenant 62,000 65,000 68,000 71,000 74,000 77,000
Captain 74,000 77,000 80,000 83,000 86,000
Major 86,000 89,000 92,000 95,000
Lt. Colonel 95,000 98,000 101,000 104,000
Colonel 112,000 112,000 112,000 112,000
Department of Public Safety/MS Bureau of Narcotics
Sworn Officers Salary Schedule
2015-2016 Fiscal Year and Thereafter
Rank Years of Experience
Less than 4 Over 4 Over 8 Over 12
LE-Agent I 38,000
LE-Agent II 41,000
LE-Agent III 44,000
LE-Agent IV 47,000
Rank Years of Experience
Over 16 Over 20 Over 24 Over 29
LE-Agent V 50,000
LE-Agent VI 53,000
Rank Years of Experience
Over 7 Over 12 Over 17 Over 22 Over 27 Over 32
Lieutenant 62,000 65,000 68,000 71,000 74,000 77,000
Captain 74,000 77,000 80,000 83,000 86,000
Major 86,000 89,000 92,000 95,000
Lt. Colonel 95,000 98,000 101,000 104,000
Colonel 112,000 112,000 112,000 112,000
(2) All sworn officers in the Mississippi Highway Patrol and the Mississippi Bureau of Narcotics employed on a full-time basis shall be paid a salary in accordance with the above scale. The rank and years of experience of each sworn officer to be used in establishing the salary shall be determined by the rank and years of experience on July 1 of the current fiscal year.
(3) For purposes of applying the rank designation to the above scale, the following job classifications of the State Personnel Board shall be applicable for the Mississippi Highway Patrol:
Rank Job Classes
(a) Trooper DPS-Highway Patrol Officer I
LE-Investigator II
(b) Trooper First Class DPS-Highway Patrol Officer II
LE-Investigator III
(c) Corporal DPS-Highway Patrol Officer III
LE-Investigator IV
(d) Sergeant DPS-Highway Patrol Officer IV
LE-Investigator V
(e) Staff Sergeant DPS-Highway Patrol Officer V
(f) Senior Staff Sergeant DPS-Highway Patrol Officer VI
Tech Spec
(g) Master Sgt/Sgt. F/C DPS-Assistant Inspector
DPS-Highway Patrol Officer VII
DPS-Investigator I
DPS-Supv. Driver Serv.
(h) Lieutenant DPS-Air Operations Officer
DPS-Dir. Corr. Intelligence
DPS-Dist. Executive Officer
DPS-Regional Supv. Driver. Serv.
DPS-Branch Director
LE-Dir/Training
LE-Dist. Investigator
(i) Captain DPS-Staff Officer (MHP)
(j) Major DPS-Bureau Director II
(k) Lt. Colonel DPS-Deputy Administrator;
DPS-Chief of Staff
(l) Colonel/Chief of Patrol Dir-Office of MS Hwy Safety Patrol
(4) For purposes of applying the rank designation to the above scale, the following job classifications of the State Personnel Board shall be applicable for the Mississippi Bureau of Narcotics:
Rank Job Classes
(a) Agents LE-Agent I
LE-Agent II
LE-Agent III
LE-Agent IV
LE-Agent V
LE-Agent VI
(b) Lieutenant BN-District Investigator (LT)
(c) Captain BN-District Commander
(d) Major BN-Bureau Director II
Office Director I
(e) Lt. Colonel BN-Deputy Administrator
(f) Colonel Director, Bureau of Narcotics
(5) In any fiscal year after July 1, 2015, in the event the Legislature provides across-the-board salary increases to state employees whose compensation is paid from the State General Fund and subject to specific appropriation therefor by the Legislature, the State Personnel Board shall revise the salary scale above to provide the same percentage or dollar amount increase as has been appropriated for other state employees.
(6) It shall be the duty of the Mississippi Department of Public Safety to file with the Legislative Budget Office and the State Fiscal Officer such data and information as may be required to enable the said Legislative Budget Office and State Fiscal Officer to budget and distribute the funds necessary to compensate the sworn officers of the Department of Public Safety according to the requirements of the salary scale. Such data and information so filed may be revised from time to time as necessitated to reflect the current number and experience of sworn officers employed by the department.
SECTION 77. Section 63-10-5, Mississippi Code of 1972, is amended as follows:
63-10-5. (1) Upon receipt of a state highway patrol officer's report as described in Section 63-10-3 the commissioner of public safety or his duly authorized agent shall transmit a certified copy of such report to the official in charge of the issuance of licenses in the reciprocating state in which the nonresident resides or by which he is licensed.
(2) Upon receipt from the licensing authority of this state or a reciprocating state in which a citation was issued of a certification of noncompliance with a citation issued in this state or a reciprocating state by a person holding a valid license issued by this state, the commissioner of public safety or his duly authorized agent shall immediately suspend such person's drivers license. The order of suspension shall indicate the reason therefor and notify the motorist that his license shall remain suspended until he has furnished satisfactory evidence indicating that he has fully complied with the terms of the court having jurisdiction in the matter. However, the department of public safety, or any employee thereof, shall not collect nor act as a collecting agency for any court-imposed fine in relation to an outstanding, undisposed of traffic case.
(3) A copy of any suspension order issued hereunder shall be furnished to the licensing authority of the reciprocating state in which the citation was issued.
(4) It shall be the duty of
the * * * Department of Public Safety * * * to ascertain and remain informed as to which
states are "reciprocating states" hereunder and, accordingly, to
maintain a current listing of such states. The listings shall periodically be
disseminated among the appropriate official positions of any state agency,
county or municipality of this state and the licensing authorities in all other
reciprocating states pursuant hereto.
SECTION 78. Section 63-11-5, Mississippi Code of 1972, is amended as follows:
* * *
63-11-5. (1) (a) Any person who operates a motor vehicle upon the public highways, public roads and streets of this state shall be deemed to have given his consent, subject to the provisions of this chapter, to a chemical test or tests of his breath, blood or urine for the purpose of determining alcohol concentration. A person shall give his consent to a chemical test or tests of his breath, blood or urine for the purpose of determining the presence in his body of any other substance which would impair a person's ability to operate a motor vehicle.
(b) The test or tests shall be administered at the direction of any authorized officer, when such officer has reasonable grounds and probable cause to believe that the person was driving or had under his actual physical control a motor vehicle upon the public streets or highways of this state while under the influence of intoxicating liquor or any other substance which had impaired such person's ability to operate a motor vehicle.
(2) (a) A breath analysis
test must be administered by a person who has met all the educational and
training requirements of the appropriate course of study prescribed by the
Board on Law Enforcement * * * Officers Officer Standards and Training; however,
sheriffs and elected chiefs of police are exempt from the educational and
training requirement. A breath analysis test must not be given to any person
within fifteen (15) minutes of consumption of any substance by mouth.
(b) For purposes of this section, the term "authorized officer" means any highway patrol officer, sheriff or his duly commissioned deputies, police officer in any incorporated municipality, national park ranger, officer of a state-supported institution of higher learning campus police force if such officer is exercising this authority in regard to a violation that occurred on campus property, or security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978 if such officer is exercising this authority in regard to a violation that occurred within the limits of the Pearl River Valley Water Supply District.
(3) If the officer has
reasonable grounds and probable cause to believe such person to have been
driving a motor vehicle upon the public highways, public roads, and streets of
this state while under the influence of intoxicating liquor or any other
substance that has impaired the person's ability to operate a motor vehicle,
the officer shall inform the person that his failure to submit to such chemical
test or tests of his breath, blood or urine shall result in the suspension of
his privilege to operate a motor vehicle upon the public streets and highways
of this state for a period of ninety (90) days if the person has not previously
been convicted of a violation of Section 63-11-30, or * * * for a period of one (1) year if the person
has a prior conviction under Section 63-11-30.
(4) The traffic ticket,
citation or affidavit issued to a person arrested for a violation of this
chapter shall conform to the requirements of Section 63-9-21(3)(b) * * * and, if filed electronically, shall conform
to Section 63-9-21(8).
(5) Any person arrested under the provisions of this chapter shall be informed that he has the right to telephone for the purpose of requesting legal or medical assistance immediately after being booked for a violation under this chapter.
(6) The Commissioner of Public Safety and the Mississippi Forensics Laboratory created pursuant to Section 45-1-17 are authorized to adopt procedures, rules and regulations applicable to the Implied Consent Law.
SECTION 79. Section 63-11-19, Mississippi Code of 1972, is amended as follows:
63-11-19. A chemical analysis of the person's breath, blood or urine, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the Mississippi Forensics Laboratory created pursuant to Section 45-1-17 and the Commissioner of Public Safety and the Secretary of State and performed by an individual possessing a valid permit issued by the Mississippi Forensics Laboratory for making such analysis. The Mississippi Forensics Laboratory and the Commissioner of Public Safety are authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the Mississippi Forensics Laboratory. The Mississippi Forensics Laboratory shall not approve the permit required herein for any law enforcement officer other than a member of the State Highway Patrol, a sheriff or his deputies, a city policeman, an officer of a state-supported institution of higher learning campus police force, a security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978, a national park ranger, a national park ranger technician, a military policeman stationed at a United States military base located within this state other than a military policeman of the Army or Air National Guard or of Reserve Units of the Army, Air Force, Navy or Marine Corps, a marine law enforcement officer employed by the Department of Marine Resources, or a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks. The permit given a marine law enforcement officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7. The permit given a conservation officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7 and for hunting related incidents resulting in injury or death to any person by discharge of a weapon as provided under Section 49-4-31.
The Mississippi Forensics Laboratory shall make periodic, but not less frequently than quarterly, tests of the methods, machines or devices used in making chemical analysis of a person's breath as shall be necessary to ensure the accuracy thereof, and shall issue its certificate to verify the accuracy of the same.
SECTION 80. Section 63-11-21, Mississippi Code of 1972, is amended as follows:
63-11-21. If a person refuses upon the request of a law enforcement officer to submit to a chemical test of his breath designated by the law enforcement agency as provided in Section 63-11-5, none shall be given, but the officer shall at that point demand the driver's license of the person, who shall deliver his driver's license into the hands of the officer. If a person refuses to submit to a chemical test under the provisions of this chapter, the person shall be informed by the law enforcement officer that the refusal to submit to the test shall subject him to suspension of the privilege to operate a motor vehicle. The officer shall give the driver a receipt for his license on forms prescribed and furnished by the Commissioner of Public Safety. The officer shall forward the driver's license together with a sworn report to the Commissioner of Public Safety stating that he had reasonable grounds and probable cause to believe the person had been operating a motor vehicle upon the public highways, public roads and streets of this state while under the influence of intoxicating liquor or any other substance which may impair a person's mental or physical ability, stating the grounds, and that the person had refused to submit to the chemical test of his breath upon request of the law enforcement officer.
SECTION 81. Section 63-11-23, Mississippi Code of 1972, is amended as follows:
* * *
63-11-23. (1) Administrative license suspension for test refusal. The Commissioner of Public Safety, or his authorized agent, shall review the sworn report by a law enforcement officer as provided in Section 63-11-21.
(a) If upon review the Commissioner of Public Safety, or his authorized agent, finds (i) that the law enforcement officer had reasonable grounds and probable cause to believe the person had been operating a motor vehicle upon the public highways, public roads and streets of this state while under the influence of intoxicating liquor or any other substance that may impair a person's mental or physical ability; (ii) that the person refused to submit to the chemical test of the person's breath, blood or urine upon request of the officer; and (iii) that the person was informed that his license and driving privileges would be suspended or denied if he refused to submit to the chemical test of his breath, blood or urine, then the Commissioner of Public Safety, or his authorized agent, shall give notice to the licensee that his license or permit to drive, or any nonresident operating privilege, shall be suspended thirty (30) days after the date of the notice for a period of ninety (90) days if the person has not previously been convicted of or nonadjudicated for a violation of Section 63-11-30, or, for a period of one (1) year if the person was previously convicted or nonadjudicated under Section 63-11-30. If the commissioner or his authorized agent determines that the license or permit should not be suspended, he shall return the license or permit to the licensee.
(b) The notice of suspension shall be in writing and conform to Section 63-1-52.
(c) A person may continue to drive on either an interlock-restricted license or under a drug-testing program if so ordered by a court in the course of a criminal proceeding for a violation of Section 63-11-30.
(2) Extension or
suspension of privilege to drive; request for trial. (a) If the chemical
testing of a person's breath indicates the blood alcohol concentration was
eight one-hundredths percent (.08%) or more for persons who are above the legal
age to purchase alcoholic beverages under state law, or two one-hundredths
percent (.02%) or more for persons who are below the legal age to purchase
alcoholic beverages under state law, based upon grams of alcohol per one
hundred (100) milliliters of blood or grams of alcohol per two hundred ten
(210) liters of breath as shown by a chemical analysis of the person's blood,
breath, or urine, the arresting officer shall seize the license and give the
driver a receipt for his license on forms prescribed by the Commissioner of Public
Safety and shall promptly forward the license together with a sworn report to
the * * * Secretary of State. The receipt given a person
shall be valid as a permit to operate a motor vehicle for thirty (30) days in
order that the defendant may be processed through the court having original
jurisdiction and a final disposition had.
(b) If the defendant requests a trial within thirty (30) days and trial is not commenced within thirty (30) days, then the court shall determine if the delay in the trial is the fault of the defendant or his counsel. If the court finds that it is not the fault of the defendant or his counsel, then the court shall order the defendant's privileges to operate a motor vehicle to be extended until the defendant is convicted upon final order of the court.
(c) If a receipt or permit to drive issued under this subsection expires without a trial having been requested as provided in this subsection, then the Commissioner of Public Safety, or his authorized agent, shall suspend the license or permit to drive or any nonresident operating privilege for the applicable period of time as provided in subsection (1) of this section.
(3) Offenders driving
without a license. If the person is a resident without a license or permit
to operate a motor vehicle in this state, the * * * Secretary of
State, or his authorized agent, shall deny to the person the issuance of a
license or permit for a period of one (1) year beginning thirty (30) days after
the date of notice of the suspension.
(4) Appeal. It shall be the duty of the municipal prosecuting attorney, county prosecuting attorney, an attorney employed under the provisions of Section 19-3-49, or if there is not a prosecuting attorney for the municipality or county, the duty of the district attorney to represent the state in any hearing on a de novo appeal held under the provisions of Section 63-11-25, Section 63-11-37 or Section 63-11-30.
(5) Suspension subsequent to conviction. Unless the person obtains an interlock-restricted license or the court orders the person to exercise the privilege to operate a motor vehicle only under an interlock-restricted license or while participating in a court-ordered drug-testing program, thirty (30) days after receipt of the court abstract documenting a person's conviction under Section 63-11-30, the Department of Public Safety shall suspend the driver's license and privileges of the person to operate a motor vehicle as follows:
(a) When sentenced under Section 63-11-30(2):
(i) For a first offense: one hundred twenty (120) days;
(ii) For a second offense: one (1) year;
(iii) For a third offense: for the full period of the person's sentence; upon release from incarceration, the person will be eligible for only an interlock-restricted license for three (3) years;
(iv) For a fourth or subsequent offense: for the full period of the person's sentence; upon release from incarceration, the person will be eligible for only an interlock-restricted license for ten (10) years and will further be subject to court-ordered drug testing if the original offense involved operating a motor vehicle under the influence of a drug other than alcohol.
(b) When sentenced under Section 63-11-30(3) (Zero Tolerance for Minors):
(i) For a first offense: one hundred twenty (120) days;
(ii) For a second offense: one (1) year;
(iii) For a third offense occurring within five (5) years, suspend or deny the driving privilege for two (2) years or until the person reaches the age of twenty-one (21), whichever is longer.
(6) Suspensions. (a) Notices of suspension given under this section shall be in writing and conform to Section 63-1-52.
(b) Suspensions under this and any other chapter shall run consecutively and not concurrently.
(7) License reinstatement. A person is eligible for an unrestricted license when the person has completed an alcohol safety education program as provided in Section 63-11-32, has satisfied all other conditions of law and of the person's sentence or nonadjudication, and is not otherwise barred from obtaining an unrestricted license.
SECTION 82. Section 63-11-30, Mississippi Code of 1972, is amended as follows:
63-11-30. (1) It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person:
(a) Is under the influence of intoxicating liquor;
(b) Is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle;
(c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or
(d) Has an alcohol concentration in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath, as shown by a chemical analysis of the person's breath, blood or urine administered as authorized by this chapter, of:
(i) Eight one-hundredths percent (.08%) or more for a person who is above the legal age to purchase alcoholic beverages under state law;
(ii) Two one-hundredths percent (.02%) or more for a person who is below the legal age to purchase alcoholic beverages under state law; or
(iii) Four one-hundredths percent (.04%) or more for a person operating a commercial motor vehicle.
(2) Except as otherwise provided in subsection (3) of this section (Zero Tolerance for Minors):
(a) First offense DUI. (i) Upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail, or both; the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of sentencing. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail.
(ii) Suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) A qualifying first offense may be nonadjudicated by the court under subsection (14) of this section. The holder of a commercial driver's license or a commercial learning permit at the time of the offense is ineligible for nonadjudication.
(iv) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.
(b) Second offense DUI. (i) Upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor, fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than six (6) months and sentenced to community service work for not less than ten (10) days nor more than six (6) months. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain.
(ii) Suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.
(c) Third offense DUI. (i) For a third conviction of a person for violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), and shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections. For any offense that does not result in serious injury or death to any person, the sentence of incarceration may be served in the county jail rather than in the State Penitentiary at the discretion of the circuit court judge. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain.
(ii) The suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) The suspension of regular driving privileges is governed by Section 63-11-23.
(d) Fourth and subsequent offense DUI. (i) For any fourth or subsequent conviction of a violation of subsection (1) of this section, without regard to the time period within which the violations occurred, the person shall be guilty of a felony and fined not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), and shall serve not less than two (2) years nor more than ten (10) years in the custody of the Department of Corrections.
(ii) The suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) A person convicted of a fourth or subsequent offense is ineligible to exercise the privilege to operate a motor vehicle that is not equipped with an ignition-interlock device for ten (10) years.
(e) Any person convicted of a second or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment for alcohol or drug abuse, the person must successfully complete treatment at a program site certified by the Department of Mental Health. Each person who receives a diagnostic assessment shall pay a fee representing the cost of the assessment. Each person who participates in a treatment program shall pay a fee representing the cost of treatment.
(f) The use of ignition-interlock devices is governed by Section 63-11-31.
(3) Zero Tolerance for Minors. (a) This subsection shall be known and may be cited as Zero Tolerance for Minors. The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%). If the person's blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply.
(b) (i) A person under the age of twenty-one (21) is eligible for nonadjudication of a qualifying first offense by the court pursuant to subsection (14) of this section.
(ii) Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined Two Hundred Fifty Dollars ($250.00); the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months. The court may also require attendance at a victim impact panel.
(c) A person under the age of twenty-one (21) years who is convicted of a second violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than Five Hundred Dollars ($500.00).
(d) A person under the age of twenty-one (21) years who is convicted of a third or subsequent violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than One Thousand Dollars ($1,000.00).
(e) License suspension is governed by Section 63-11-23 and ignition interlock is governed by Section 63-11-31.
(f) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section must complete treatment of an alcohol or drug abuse program at a site certified by the Department of Mental Health.
(4) DUI test refusal. In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of the person's breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of the test in any prosecution, shall suffer an additional administrative suspension of driving privileges as set forth in Section 63-11-23.
(5) Aggravated DUI. (a) Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes 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 for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.
(b) A holder of a commercial driver's license who is convicted of operating a commercial motor vehicle with an alcohol concentration of eight one-hundreths percent (.08%) or more shall be guilty of a felony and shall be committed to the custody of the Department of Corrections for not less than two (2) years and not more than ten (10) years.
(c) The court shall order an ignition-interlock restriction on the offender's privilege to drive as a condition of probation or post-release supervision not to exceed five (5) years unless a longer restriction is required under other law. The iginition-interlock restriction shall not be applied to commercial license privileges until the driver serves the full disqualification period required by Section 63-1-216.
(6) DUI citations. (a) Upon conviction of a violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit. The court clerk must immediately send a copy of the traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction or other order of the court, to the Department of Public Safety as provided in Section 63-11-37.
(b) A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section. The Department of Public Safety shall maintain a central database for verification of prior offenses and convictions.
(7) Out-of-state prior convictions. Convictions in another state, territory or possession of the United States, or under the law of a federally recognized Native American tribe, of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring within five (5) years before an offense shall be counted for the purposes of determining if a violation of subsection (1) of this section is a second, third, fourth or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.
(8) Charging of subsequent offenses. (a) For the purposes of determining how to impose the sentence for a second, third, fourth or subsequent conviction under this section, the affidavit or indictment shall not be required to enumerate previous convictions. It shall only be necessary that the affidavit or indictment states the number of times that the defendant has been convicted and sentenced within the past five (5) years for a second or third offense, or without a time limitation for a fourth or subsequent offense, under this section to determine if an enhanced penalty shall be imposed. The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third, fourth or subsequent offense of this section.
(b) Before a defendant enters a plea of guilty to an offense under this section, law enforcement must submit certification to the prosecutor that the defendant's driving record, the confidential registry and National Crime Information Center record have been searched for all prior convictions, nonadjudications, pretrial diversions and arrests for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle. The results of the search must be included in the certification.
(9) License eligibility for underage offenders. A person who is under the legal age to obtain a license to operate a motor vehicle at the time of the offense and who is convicted under this section shall not be eligible to receive a driver's license until the person reaches the age of eighteen (18) years.
(10) License suspensions and restrictions to run consecutively. Suspension or restriction of driving privileges for any person convicted of or nonadjudicated for violations of subsection (1) of this section shall run consecutively to and not concurrently with any other administrative license suspension.
(11) Ignition interlock. If the court orders installation and use of an ignition-interlock device as provided in Section 63-11-31 for every vehicle operated by a person convicted or nonadjudicated under this section, each device shall be installed, maintained and removed as provided in Section 63-11-31.
(12) DUI child endangerment. A person over the age of twenty-one (21) who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle. The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished as follows:
(a) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a first conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or shall be imprisoned for not more than twelve (12) months, or both;
(b) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a second conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned for one (1) year, or both;
(c) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a third or subsequent conviction shall be guilty of a felony and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00) or shall be imprisoned for not less than one (1) year nor more than five (5) years, or both; and
(d) A person who commits a violation of this subsection which results in the serious injury or death of a child, without regard to whether the offense was a first, second, third or subsequent offense, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Ten Thousand Dollars ($10,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years.
(13) Expunction. (a) Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the conviction. Expunction under this subsection will only be available to a person:
(i) Who has successfully completed all terms and conditions of the sentence imposed for the conviction;
(ii) Who did not refuse to submit to a test of his blood or breath;
(iii) Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
(iv) Who has not been convicted of and does not have pending any other offense of driving under the influence;
(v) Who has provided the court with justification as to why the conviction should be expunged; and
(vi) Who has not previously had a nonadjudication or expunction of a violation of this section.
(b) A person is eligible for only one (1) expunction under this subsection, and the Department of Public Safety shall maintain a permanent confidential registry of all cases of expunction under this subsection for the sole purpose of determining a person's eligibility for expunction, for nonadjudication, or as a first offender under this section.
(c) The court in its order of expunction shall state in writing the justification for which the expunction was granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order.
(14) Nonadjudication. (a) For the purposes of this chapter, "nonadjudication" means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial on the merits or upon the entry of a plea of guilt by a defendant, and places the defendant in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court under this subsection.
(b) A person is eligible for nonadjudication of an offense under this Section 63-11-30 only one (1) time under any provision of a law that authorizes nonadjudication and only for an offender:
(i) Who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program;
(ii) Who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense;
(iii) Who has not previously been convicted of and does not have pending any former or subsequent charges under this section; and
(iv) Who has provided the court with justification as to why nonadjudication is appropriate.
(c) Nonadjudication may be initiated upon the filing of a petition for nonadjudication or at any stage of the proceedings in the discretion of the court; the court may withhold adjudication of guilt, defer sentencing, and upon the agreement of the offender to participate in a nonadjudication program, enter an order imposing requirements on the offender for a period of court supervision before the order of nonadjudication is entered. Failure to successfully complete a nonadjudication program subjects the person to adjudication of the charges against him and to imposition of all penalties previously withheld due to entrance into a nonadjudication program. The court shall immediately inform the commissioner of the conviction as required in Section 63-11-37.
(i) The court shall order the person to:
1. Pay the nonadjudication fee imposed under Section 63-11-31 if applicable;
2. Pay all fines, penalties and assessments that would have been imposed for conviction;
3. Attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of the date of the order;
4. a. If the court determines that the person violated this section with respect to alcohol or intoxicating liquor, the person must install an ignition-interlock device on every motor vehicle operated by the person, obtain an interlock-restricted license, and maintain that license for one hundred twenty (120) days or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person must not operate any vehicle.
b. If the court determines that the person violated this section by operating a vehicle when under the influence of a substance other than alcohol that has impaired the person's ability to operate a motor vehicle, including any drug or controlled substance which is unlawful to possess under the Mississippi Controlled Substances Law, the person must submit to a one-hundred-twenty-day period of a nonadjudication program that includes court-ordered drug testing at the person's own expense not less often than every thirty (30) days, during which time the person may drive if compliant with the terms of the program, or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person will not operate any vehicle.
(ii) Other conditions that may be imposed by the court include, but are not limited to, alcohol or drug screening, or both, proof that the person has not committed any other traffic violations while under court supervision, proof of immobilization or impoundment of vehicles owned by the offender if required, and attendance at a victim-impact panel.
(d) The court may enter an order of nonadjudication only if the court finds, after a hearing or after ex parte examination of reliable documentation of compliance, that the offender has successfully completed all conditions imposed by law and previous orders of the court. The court shall retain jurisdiction over cases involving nonadjudication for a period of not more than two (2) years.
(e) (i) The clerk shall immediately forward a record of every person placed in a nonadjudication program and of every nonadjudication order to the Department of Public Safety for inclusion in the permanent confidential registry of all cases that are nonadjudicated under this subsection (14).
(ii) Judges, clerks and prosecutors involved in the trial of implied consent violations and law enforcement officers involved in the issuance of citations for implied consent violations shall have secure online access to the confidential registry for the purpose of determining whether a person has previously been the subject of a nonadjudicated case and 1. is therefore ineligible for another nonadjudication; 2. is ineligible as a first offender for a violation of this section; or 3. is ineligible for expunction of a conviction of a violation of this section.
(iii) The * * * Secretary
of State shall have access to the confidential registry for the purpose of
determining whether a person is eligible for a form of license not restricted
to operating a vehicle equipped with an ignition-interlock device.
(iv) The Mississippi Alcohol Safety Education Program shall have secure online access to the confidential registry for research purposes only.
SECTION 83. Section 63-11-31, Mississippi Code of 1972, is amended as follows:
[Effective until July 1, 2020, this section will read as follows:]
63-11-31. (1) (a) The provisions of this section are supplemental to the provisions of Section 63-11-30.
(b) (i) "Ignition-interlock device" means a device approved by the Department of Public Safety that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if the driver's blood alcohol level exceeds the calibrated setting on the device.
(ii) "Interlock-restricted license" means a driver's license bearing a restriction that limits the person to operation of vehicles equipped with an ignition-interlock device.
(c) A person who can exercise the privilege of driving only under an interlock-restricted license must have an ignition-interlock device installed and operating on all motor vehicles owned or operated by the person.
(d) A person who installs an ignition-interlock device may obtain an interlock-restricted license.
(2) (a) The cost of installation and operation of an ignition-interlock device shall be borne by the person to whom an interlock-restricted driver's license is issued, and the costs of court-ordered drug testing shall be borne by the person so ordered, unless the person is determined by the court to be indigent.
(b) (i) A person convicted under Section 63-11-30 shall be assessed by the court, in addition to the criminal fines, penalties and assessments provided by law for violations of Section 63-11-30, a fee of Fifty Dollars ($50.00), to be deposited in the Interlock Device Fund in the State Treasury unless the person is determined by the court to be indigent.
(ii) A person nonadjudicated under Section 63-11-30 shall be assessed by the court, in addition to the criminal fines, penalties and assessments provided by law for violations of Section 63-11-30, a fee of Two Hundred Fifty Dollars ($250.00) to be deposited in the Interlock Device Fund in the State Treasury unless the person is determined by the court to be indigent.
(3) (a) The Department of Public Safety shall promulgate rules and regulations for the use of an ignition-interlock device. The Department of Public Safety shall approve which vendors shall be used to furnish the systems, may assess fees to the vendors, and shall prescribe the maximum costs to the offender for installation, removal, monthly operation, periodic inspections, calibrations and repairs.
(b) A person who has an ignition-interlock device installed in a vehicle shall:
(i) Provide proof of the installation of the device and periodic reporting for verification of the proper operation of the device;
(ii) Have the system monitored for proper use and accuracy as required by departmental regulation;
(iii) Pay the reasonable cost of leasing or buying, monitoring, and maintaining the device unless the person is determined to be indigent; and
(iv) Obtain an ignition-interlock driver's license.
(4) (a) (i) A person who is limited to driving only under an interlock-restricted driver's license shall not operate a vehicle that is not equipped with an ignition-interlock device.
(ii) A person prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
(iii) A person may not start or attempt to start a motor vehicle equipped with an ignition-interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device.
(iv) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition-interlock device that has been installed in a motor vehicle.
(v) A person may not knowingly provide a motor vehicle not equipped with a functioning ignition-interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition-interlock device.
(b) A violation of this subsection (4) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both, unless the starting of a motor vehicle equipped with an ignition-interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the restriction does not operate the vehicle.
(5) In order to obtain an interlock-restricted license, a person must:
(a) Be otherwise qualified to operate a motor vehicle, and will be subject to all other restrictions on the privilege to drive provided by law;
(b) Submit proof that an ignition-interlock device is installed and operating on all motor vehicles operated by the person; and
(c) Pay the fee set forth in Section 63-1-43 to obtain the license without regard to indigence; no license reinstatement fee under Section 63-1-46 shall be charged for a person obtaining an interlock-restricted license.
(6) (a) In addition to the penalties authorized for any second or subsequent conviction under Section 63-11-30, the court shall order that all vehicles owned by the offender that are not equipped with an ignition-interlock device must be either impounded or immobilized pending further order of the court lifting the offender's driving restriction. However, no county, municipality, sheriff's department or the Department of Public Safety shall be required to keep, store, maintain, serve as a bailee or otherwise exercise custody over a motor vehicle impounded under the provisions of this section. The cost associated with any impoundment or immobilization shall be paid by the person convicted without regard to ability to pay.
(b) A person may not tamper with, or in any way attempt to circumvent, vehicle immobilization or impoundment ordered by the court under this section. A violation of this paragraph (b) is a misdemeanor and, upon conviction, the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both.
(7) (a) The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of device installation and operation by and court-ordered drug testing of indigent offenders.
(b) The court shall determine a defendant's indigence based upon whether the defendant has access to adequate resources to pay the ignition-interlock fee and the costs of installation and maintenance of an ignition-interlock device, or the costs of court-ordered drug testing or both, and may further base the determination of indigence on proof of enrollment in one or more of the following types of public assistance:
(i) Temporary Assistance for Needy Families (TANF);
(ii) Medicaid assistance;
(iii) The Supplemental Nutritional Assistance Program (SNAP), also known as "food stamps";
(iv) Supplemental security income (SSI);
(v) Participation in a federal food distribution program;
(vi) Federal housing assistance;
(vii) Unemployment compensation; or
(viii) Other criteria determined appropriate by the court.
(c) No more than ten percent (10%) of the money in the Interlock Device Fund in any fiscal year shall be expended by the department for the purpose of administering the fund.
(d) (i) Money in the Interlock Device Fund will be appropriated to the department to cover part of the costs of installing, removing and leasing ignition-interlock devices for indigent people who are required, because of a conviction or nonadjudication under Section 63-11-30, to install an ignition-interlock device in all vehicles operated by the person.
(ii) If money is available in the Interlock Device Fund, the department shall pay to the vendor, for one (1) vehicle per offender, up to Fifty Dollars ($50.00) for the cost of installation, up to Fifty Dollars ($50.00) for the cost of removal, and up to Thirty Dollars ($30.00) monthly for verified active usage of the ignition-interlock device. The department shall not pay any amount above what an offender would be required to pay for the installation, removal or usage of an ignition-interlock device.
(8) In order to reinstate a form of driver's license that is not restricted to operation of an ignition-interlock equipped vehicle, the person must submit proof to the Department of Public Safety to substantiate the person's eligibility for an unrestricted license, which may be a court order indicating completion of sentence or final order of nonadjudication; in the absence of a court order, the proof may consist of the following or such other proof as the commissioner may set forth by regulation duly adopted under the Administrative Procedures Act:
(a) Proof of successful completion of an alcohol safety program as provided in Section 63-11-32 if so ordered by the court;
(b) Payment of the reinstatement fee required under Section 63-1-46(1)(a);
(c) Payment of the driver's license fee required under Section 63-1-43;
(d) A certificate of liability insurance or proof of financial responsibility; and
(e) (i) For those driving under an interlock-restricted license, a declaration from the vendor, in a form provided or approved by the Department of Public Safety, certifying that there have been none of the following incidents in the last thirty (30) days:
1. An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;
2. Failure to take or pass any required retest; or
3. Failure of the person to appear at the ignition-interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device; or
(ii) For a person who violated Section 63-11-30 with respect to drugs other than alcohol, proof of successful compliance with all court-ordered drug testing; or
(iii) Both subparagraphs (i) and (ii) of this paragraph (e) if applicable.
(9) The court may extend the interlock-restricted period if the person had a violation in the last thirty (30) days.
(10) The court that originally ordered installation of the ignition-interlock device for a violation of Section 63-11-30 and a court in the municipality or county in which the violation occurred have jurisdiction over an offense under this section.
(11) A person who voluntarily obtains an interlock-restricted license may convert at any time to any other form of license for which the person is qualified.
(12) The Department of Public Safety shall require all manufacturers of ignition-interlock devices to report ignition-interlock data in a consistent and uniform format as prescribed by the Department of Public Safety. Ignition-interlock vendors must also use the uniform format when sharing data with courts ordering an ignition interlock, with alcohol safety education programs, or with other treatment providers.
[Effective from and after July 1, 2020, this section will read:]
63-11-31. (1) (a) The provisions of this section are supplemental to the provisions of Section 63-11-30.
(b) (i)
"Ignition-interlock device" means a device approved by the * * * Secretary of
State that connects a motor vehicle ignition system to a breath-alcohol
analyzer and prevents a motor vehicle ignition from starting if the driver's
blood alcohol level exceeds the calibrated setting on the device.
(ii) "Interlock-restricted license" means a driver's license bearing a restriction that limits the person to operation of vehicles equipped with an ignition-interlock device.
(iii) "Court-ordered drug-testing program" means a program that qualifies under Section 63-11-31.1.
(c) A person who can exercise the privilege of driving only under an interlock-restricted license must have an ignition-interlock device installed and operating on all motor vehicles owned or operated by the person.
(d) A person who installs an ignition-interlock device may obtain an interlock-restricted license.
(2) (a) (i) The cost of installation and operation of an ignition-interlock device shall be borne by the person to whom an interlock-restricted driver's license is issued, and the costs of court-ordered drug testing shall be borne by the person so ordered, unless the person is determined by the court to be indigent.
(ii) The cost of participating in a court-ordered drug-testing program shall be borne by the person, unless the person is determined by the court to be indigent.
(b) (i) A person convicted under Section 63-11-30 shall be assessed by the court, in addition to the criminal fines, penalties and assessments provided by law for violations of Section 63-11-30, a fee of Fifty Dollars ($50.00), to be deposited in the Interlock Device Fund in the State Treasury unless the person is determined by the court to be indigent.
(ii) A person nonadjudicated under Section 63-11-30 shall be assessed by the court, in addition to the criminal fines, penalties and assessments provided by law for violations of Section 63-11-30, a fee of Two Hundred Fifty Dollars ($250.00) to be deposited in the Interlock Device Fund in the State Treasury unless the person is determined by the court to be indigent.
(3) (a) The * * * Secretary of
State shall promulgate rules and regulations for the use of an ignition-interlock
device. The * * * Secretary of State shall approve
which vendors shall be used to furnish the systems, may assess fees to the
vendors, and shall prescribe the maximum costs to the offender for
installation, removal, monthly operation, periodic inspections, calibrations
and repairs.
(b) A person who has an ignition-interlock device installed in a vehicle shall:
(i) Provide proof of the installation of the device and periodic reporting for verification of the proper operation of the device;
(ii) Have the system monitored for proper use and accuracy as required by departmental regulation;
(iii) Pay the reasonable cost of leasing or buying, monitoring, and maintaining the device unless the person is determined to be indigent; and
(iv) Obtain an ignition-interlock driver's license.
(4) (a) (i) A person who is limited to driving only under an interlock-restricted driver's license shall not operate a vehicle that is not equipped with an ignition-interlock device.
(ii) A person prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
(iii) A person may not start or attempt to start a motor vehicle equipped with an ignition-interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device.
(iv) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition-interlock device that has been installed in a motor vehicle.
(v) A person may not knowingly provide a motor vehicle not equipped with a functioning ignition-interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition-interlock device.
(b) A violation of this subsection (4) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both, unless the starting of a motor vehicle equipped with an ignition-interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the restriction does not operate the vehicle.
(5) In order to obtain an interlock-restricted license, a person must:
(a) Be otherwise qualified to operate a motor vehicle, and will be subject to all other restrictions on the privilege to drive provided by law;
(b) Submit proof that an ignition-interlock device is installed and operating on all motor vehicles operated by the person; and
(c) Pay the fee set forth in Section 63-1-43 to obtain the license without regard to indigence; no license reinstatement fee under Section 63-1-46 shall be charged for a person obtaining an interlock-restricted license.
(6) (a) In addition to the penalties authorized for any second or subsequent conviction under Section 63-11-30, the court shall order that all vehicles owned by the offender that are not equipped with an ignition-interlock device must be either impounded or immobilized pending further order of the court lifting the offender's driving restriction. However, no county, municipality, sheriff's department or the Department of Public Safety shall be required to keep, store, maintain, serve as a bailee or otherwise exercise custody over a motor vehicle impounded under the provisions of this section. The cost associated with any impoundment or immobilization shall be paid by the person convicted without regard to ability to pay.
(b) A person may not tamper with, or in any way attempt to circumvent, vehicle immobilization or impoundment ordered by the court under this section. A violation of this paragraph (b) is a misdemeanor and, upon conviction, the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both.
(7) (a) The * * * Secretary of
State shall promulgate rules and regulations for the use of monies in the
Interlock Device Fund to offset the cost of interlock device installation and
operation by and court-ordered drug testing of indigent offenders.
(b) The court shall determine a defendant's indigence based upon whether the defendant has access to adequate resources to pay the ignition-interlock fee and the costs of installation and maintenance of an ignition-interlock device, or the costs of court-ordered drug testing or both, and may further base the determination of indigence on proof of enrollment in one or more of the following types of public assistance:
(i) Temporary Assistance for Needy Families (TANF);
(ii) Medicaid assistance;
(iii) The Supplemental Nutritional Assistance Program (SNAP), also known as "food stamps";
(iv) Supplemental security income (SSI);
(v) Participation in a federal food distribution program;
(vi) Federal housing assistance;
(vii) Unemployment compensation; or
(viii) Other criteria determined appropriate by the court.
(c) No more than ten
percent (10%) of the money in the Interlock Device Fund in any fiscal year
shall be expended by the * * * department Secretary of State for the purpose of
administering the fund.
(d) The * * *
Secretary of State must promulgate regulations for the program and for
vendors, including at a minimum:
(i) That the offender must pay the cost of the testing program or, if the court finds the offender to be indigent, that the cost be paid from the Interlock Device Fund.
(ii) How indigent funds will be accessed by the vendors, and the maximum cost to the offender or the fund.
(e) (i) Money in the
Interlock Device Fund will be appropriated to the * * * Secretary of State to cover
part of the costs of court-ordered drug testing and installing, removing and
leasing ignition-interlock devices for indigent people who are required,
because of a conviction or nonadjudication under Section 63-11-30, to install
an ignition-interlock device in all vehicles operated by the person.
(ii) If money is
available in the Interlock Device Fund, the * * * Secretary of State shall pay
to the vendor, for one (1) vehicle per offender, up to Fifty Dollars ($50.00)
for the cost of installation, up to Fifty Dollars ($50.00) for the cost of
removal, and up to Thirty Dollars ($30.00) monthly for verified active usage of
the ignition-interlock device. The * * * Secretary of State shall not
pay any amount above what an offender would be required to pay for the
installation, removal or usage of an ignition-interlock device.
(iii) If money is
available in the Interlock Device Fund, the * * * Secretary of State shall pay
to the vendor an amount not to exceed that promulgated by the Forensics
Laboratory for court-ordered drug testing. The * * * Secretary of State shall not
pay any amount above what an offender would be required to pay individually.
(8) In order to reinstate a
form of driver's license that is not restricted to operation of an ignition-interlock
equipped vehicle, the person must submit proof to the * * * Secretary of
State to substantiate the person's eligibility for an unrestricted license,
which may be a court order indicating completion of sentence or final order of
nonadjudication; in the absence of a court order, the proof may consist of the
following or such other proof as the * * * Secretary of State may set
forth by regulation duly adopted under the Administrative Procedures Act:
(a) Proof of successful completion of an alcohol safety program as provided in Section 63-11-32 if so ordered by the court;
(b) Payment of the reinstatement fee required under Section 63-1-46(1)(a);
(c) Payment of the driver's license fee required under Section 63-1-43;
(d) A certificate of liability insurance or proof of financial responsibility; and
(e) (i) For those
driving under an interlock-restricted license, a declaration from the vendor,
in a form provided or approved by the * * * Secretary of State,
certifying that there have been none of the following incidents in the last
thirty (30) days:
1. An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;
2. Failure to take or pass any required retest; or
3. Failure of the person to appear at the ignition-interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device; or
(ii) For a person who violated Section 63-11-30 with respect to drugs other than alcohol, proof of successful compliance with all court-ordered drug testing; or
(iii) Both subparagraphs (i) and (ii) of this paragraph (e) if applicable.
(9) The court may extend the interlock-restricted period if the person had a violation in the last thirty (30) days.
(10) The court that originally ordered installation of the ignition-interlock device for a violation of Section 63-11-30 and a court in the municipality or county in which the violation occurred have jurisdiction over an offense under this section.
(11) A person who voluntarily obtains an interlock-restricted license may convert at any time to any other form of license for which the person is qualified.
(12) (a) The * * * Secretary of
State shall require all manufacturers of ignition-interlock devices to
report ignition-interlock data in a consistent and uniform format as prescribed
by the * * * Secretary of State. Ignition-interlock vendors
must also use the uniform format when sharing data with courts ordering an
ignition interlock, with alcohol safety education programs, or with other
treatment providers.
(b) The Department of Public Safety shall require all vendors of drug testing programs approved under Section 63-11-31.1 to report test results in a consistent and uniform format as prescribed by the Forensics Laboratory. Vendors must report test results to the court on a monthly basis, except that a positive test or failure of the testing participant to submit to verification must be reported to the court within five (5) days of verification of the positive test or the failure to submit.
SECTION 84. Section 63-11-31.1, Mississippi Code of 1972, is amended as follows:
63-11-31.1. (1) The Mississippi Forensics Laboratory shall promulgate rules and regulations for court-ordered drug testing of DUI/other drug violators and shall approve which vendors are eligible to be utilized by the trial courts when ordering defendants to undergo drug testing as a condition of continuing to exercise the privilege to drive. The Forensics Laboratory may assess fees to the vendors, and shall prescribe the maximum costs to the offender for drug testing. The Forensics Laboratory may seek the advice of the State Intervention Court Advisory Committee in fulfilling these duties.
(2) The Forensics Laboratory must evaluate proposals made by prospective vendors for acceptability, including, without limitation, the following factors:
(a) A description of the method used for assessment;
(b) The frequency with which the offender will be tested;
(c) The procedure used by the vendor to ensure the accuracy of the test results;
(d) The length of time allowed the offender to provide a biological sample after being given notice;
(e) The frequency with which the vendor will make reports to the court;
(f) The list of approved sites for the collection of biological samples for testing.
(3) The Forensics Laboratory must promulgate regulations, consistent with any regulations promulgated by the Secretary of State, for the program and for vendors, including at a minimum:
(a) That the offender must pay the cost of the testing program or, if the court finds the offender to be indigent, that the cost be paid from the Interlock Device Fund.
(b) How indigent funds will be accessed by the vendors, and the maximum cost to the offender or the fund.
(4) The Forensics Laboratory will provide the list of approved vendors, subject to continuous updating, to the Mississippi Judicial College for dissemination to the trial courts.
SECTION 85. Section 63-11-33, Mississippi Code of 1972, is amended as follows:
[Effective until July 1, 2020, this section will read as follows:]
63-11-33. There is created
in the State Treasury a special fund to be known as the Interlock Device Fund.
The purpose of the fund shall be to provide funding * * * assistance for ignition
interlock devices for persons determined to be unable to afford the
installation and maintenance of an ignition interlock device. Monies from the
fund shall be distributed by the State Treasurer upon warrants issued by the
Department of Public Safety. The fund shall be a continuing fund, not subject
to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Driver's License Bureau;
(b) The interest accruing to the fund;
(c) Monies paid by a person for deposit into the fund under Section 63-11-31; and
(d) Monies received from such other sources as may be provided by law.
[Effective from and after July 1, 2020, this section will read:]
63-11-33. There is created
in the State Treasury a special fund to be known as the Interlock Device Fund.
The purpose of the fund shall be to provide funding * * * assistance for ignition
interlock devices and court-ordered drug testing for persons determined to be
unable to afford the installation and maintenance of an ignition interlock
device or costs of drug testing. Monies from the fund shall be distributed by
the State Treasurer upon warrants issued by the Department of Public Safety.
The fund shall be a continuing fund, not subject to fiscal-year limitations,
and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Driver's License Bureau;
(b) The interest accruing to the fund;
(c) Monies paid by a person for deposit into the fund under Section 63-11-31; and
(d) Monies received from such other sources as may be provided by law.
SECTION 86. 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, upon conviction of a person under Section 63-11-30,
to mail or otherwise deliver in a method prescribed by the * * * Secretary of State a true
and correct copy of the traffic ticket, citation or affidavit evidencing the
arrest that resulted in the conviction and a certified copy of the abstract of
the court record within five (5) days to the * * * Secretary of
State at Jackson, Mississippi. The trial judge in municipal and justice
courts shall show on the docket and the trial judge in courts of record shall
show on the minutes:
(a) Whether a chemical test was given and the results of the test, if any; and
(b) Whether conviction was based in whole or in part on the results of such a test.
(2) 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 * * * Secretary of
State.
(3) For the purposes of Section 63-11-30, a bond forfeiture shall operate as and be considered as a conviction.
(4) A trial court clerk who fails to provide 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 of the availability of that information as required in subsection (1) of this section is guilty of a civil violation and shall be fined One Hundred Dollars ($100.00), for which civil fine the clerk bears sole and personal responsibility. Each instance of failure is a separate violation.
SECTION 87. This act shall take effect and be in force from and after July 1, 2020.