Senate Bill 2262

AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT A PERSON OPERATING A PASSENGER BUS WITH A MINOR PASSENGER IN THE BUS FROM USING HAND-HELD MOBILE TELEPHONES WITH CERTAIN EXCEPTIONS; TO DELETE THE CIVIL PENALTY FOR TEXTING WHILE DRIVING; TO CRIMINALIZE A VIOLATION OF THIS SECTION; TO PROVIDE CERTAIN EXCEPTIONS TO THE PROHIBITION AGAINST THE USE OF HAND-HELD MOBILE TELEPHONES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-33-1, Mississippi Code of 1972, is amended as follows:

63-33-1. (1) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:

(a) "Hand-held mobile telephone" means a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends or reads a text message using at least one (1) hand. The term "hand-held mobile telephone" shall not include a voice-operated or hands-free device;

(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways;

(c) "Social networking site" means any web-based service that allows individuals to construct a profile within a founded system, articulate a list of other users with whom they share a connection, and communicate with other users of the site;

(d) "Text message" includes a text-based message, instant message, electronic message, and email, but shall not include an emergency, traffic or weather alert or a message related to the operation or navigation of the motor vehicle;

(e) "Voice-operated or hands-free device" means a device that allows the user to write, send, or read a text message without the use of either hand except to activate, deactivate, or initiate a feature or function; and

(f) "Writing," "sending" and "reading," with respect to a text message, means the manual entry, sending, or retrieval of a text message, respectively, to communicate with any person or device.

(2) An operator of a moving motor vehicle is prohibited from writing, sending, or reading a text message and from accessing, reading or posting to a social networking site using a hand-held mobile telephone while driving said motor vehicle.

(3) A person shall not use a hand-held mobile telephone while operating a passenger bus with a minor passenger in the bus, except for an emergency and, in the case of a school bus driver, for official school business.

( * * *34) * * * (a) A violation of this section is a misdemeanor, and upon conviction, is punishable by a fine not to exceed Five Hundred Dollars ($500.00).

(b) A person in violation of this section at the time the person is involved in a motor vehicle accident shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) in addition to any other fine or penalty that may be imposed by law.

(c) A law enforcement officer investigating a motor vehicle accident in which a person is cited for violating this section shall indicate on the written accident report any use by the driver of a wireless communication device to send or receive a written message at the time of the accident.

( * * *45) The Department of Public Safety shall keep and maintain records of citations issued under this section, including the age and race of the vehicle operator, whether there was an additional traffic violation by the vehicle operator, and whether there was a crash or any damage to a vehicle or passenger at the time of the citation.

(6) This section does not apply to any of the following:

(a) Law enforcement and safety personnel;

(b) Drivers of authorized emergency vehicles;

(d) A person who believes that the person or another person is in physical danger;

(e) Text messages or written messages sent or received while the vehicle is parked.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.