MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division B
By: Senator(s) Tate
AN ACT TO AMEND SECTION 63-1-5, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR DRIVING OR OPERATING A MOTOR VEHICLE WITHOUT FIRST SECURING AN OPERATOR'S LICENSE; TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR THE FAILURE OF AN OWNER OR OPERATOR OF A MOTOR VEHICLE TO HAVE A VEHICLE LIABILITY INSURANCE CARD IN THE MOTOR VEHICLE DURING OPERATION; TO AMEND SECTION 63-3-401, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR A DRIVER WHO FAILS TO STOP HIS OR HER VEHICLE THAT IS INVOLVED IN AN ACCIDENT RESULTING IN INJURY TO OR THE DEATH OF A PERSON; TO AMEND SECTION 63-3-403, MISSISSIPPI CODE OF 1972, TO SPECIFY A PENALTY FOR A DRIVER WHO FAILS TO STOP HIS OR HER VEHICLE THAT IS INVOLVED IN AN ACCIDENT RESULTING ONLY IN DAMAGE TO ANY OTHER VEHICLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-5, Mississippi Code of 1972, is amended as follows:
63-1-5. (1) (a) No person shall drive or operate a motor vehicle or an autocycle as defined in Section 63-3-103 upon the highways of the State of Mississippi without first securing an operator's license to drive on the highways of the state, unless specifically exempted by Section 63-1-7.
(b) The types of operator's licenses are:
(i) Class R;
(ii) Class D;
(iii) Class A, B or C commercial license governed by Article 5 of this chapter; and
(iv) Interlock-restricted license as prescribed in Section 63-11-31.
(2) (a) Every person who makes application for an original license or a renewal license to operate any single vehicle with a gross weight rating of less than twenty-six thousand one (26,001) pounds or any vehicle towing a vehicle with a gross vehicle weight rating not in excess of ten thousand (10,000) pounds other than vehicles included in Class C, vehicles which require a special endorsement, or to operate a vehicle as a common carrier by motor vehicle, taxicab, passenger coach, dray, contract carrier or private commercial carrier as defined in Section 27-19-3, other than those vehicles for which a Class A, B or C license is required under Article 5 of this chapter, may, in lieu of the Class R regular driver's license, apply for and obtain a Class D driver's license. The fee for the issuance of a Class D driver's license shall be as set forth in Section 63-1-43 and the Class D license shall be valid for the term prescribed in Section 63-1-47. Except as required under Article 5 of this chapter, no driver of a pickup truck shall be required to have a Class D or a commercial license regardless of the purpose for which the pickup truck is used.
(b) Persons operating vehicles listed in paragraph (a) of this subsection for private purposes or in emergencies need not obtain a Class D license.
(3) An interlock-restricted
license allows a person to drive only a motor vehicle equipped with an * * * ignition-interlock
device.
(4) A person who violates this
section is guilty of a misdemeanor and, upon conviction, may be punished by imprisonment
for not less than * * *
four (4) days nor more than * * * nine (9) months, by a fine of not
less than * * * Three Hundred Dollars ($300.00) nor more than * * * Seven Hundred
Fifty Dollars ($750.00), or by both a fine and imprisonment.
SECTION 2. 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 * * * Two Hundred Dollars
($200.00) 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 Department of Public Safety. 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 3. Section 63-3-401, Mississippi Code of 1972, is amended as follows:
63-3-401. (1) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section 63-3-405.
(2) Every stop under the provisions of subsection (1) of this section shall be made without obstructing traffic or endangering the life of any person more than is necessary.
(3) Except as provided in
subsection (4) of this section, if any driver of a vehicle involved in an
accident that results in injury to any person willfully fails to stop or to
comply with the requirements of subsection (1) of this section, then such
person, upon conviction, shall be punished by
imprisonment for not less than * * * sixty (60) days nor more
than * * *
two (2) years, or by fine of not less than * * * Two Hundred Fifty
Dollars ($250.00) nor more than Five Thousand Dollars ($5,000.00), or by
both such fine and imprisonment.
(4) If any driver of a vehicle involved in an accident that results in the death of another or the mutilation, disfigurement, permanent disability or the destruction of the tongue, eye, lip, nose or any other limb, organ or member of another willfully fails to stop or to comply with the requirements under the provisions of subsection (1) of this section, then such person, upon conviction, shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) nor more than twenty (20) years, or by fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
(5) The commissioner shall revoke the driver's license of any person convicted under this section.
SECTION 4. Section 63-3-403, Mississippi Code of 1972, is amended as follows:
63-3-403. (1) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section 63-3-405. Every such stop shall be made without obstructing traffic more than is necessary.
(2) Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a misdemeanor. Upon conviction, the defendant shall be punished by imprisonment for not less than five (5) days nor more than thirty (30) days, or by fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by both a fine and imprisonment.
SECTION 5. This act shall take effect and be in force from and after July 1, 2022.