Senate Bill 2322

(As Passed the Senate)

AN ACT TO AMEND SECTION 63-1-35, MISSISSIPPI CODE OF 1972, TO REQUIRE ANY NEW, RENEWAL OR DUPLICATE DRIVER'S LICENSE, TEMPORARY DRIVING PERMIT OR COMMERCIAL DRIVER'S LICENSE ISSUED TO A PERSON UNDER THIS CHAPTER TO BEAR AN INDICATION OF THE SEX OF THE INDIVIDUAL WHICH SHALL BE CONSISTENT WITH THE SEX OF THE INDIVIDUAL DETERMINED AT BIRTH; TO PROVIDE THAT IF A DRIVER'S LICENSE IS OF A CLASS OF LICENSES ISSUED BY ANOTHER STATE EXCLUSIVELY TO A PERSON UNABLE TO PROVE LAWFUL PRESENCE IN THE UNITED STATES WHEN THE LICENSES ARE ISSUED, THE DRIVER'S LICENSE, OR OTHER PERMIT PURPORTING TO AUTHORIZE THE HOLDER TO OPERATE A MOTOR VEHICLE ON PUBLIC ROADWAYS, SHALL BE INVALID IN THIS STATE AND DOES NOT AUTHORIZE THE HOLDER TO OPERATE A MOTOR VEHICLE IN THIS STATE; TO REQUIRE A PEACE OFFICER WHO STOPS A PERSON DRIVING OR USING SUCH AN INVALID LICENSE TO ISSUE A CITATION TO THE DRIVER AND REFER THE PERSON TO THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY; TO REQUIRE A JUSTICE COURT JUDGE, LICENSE EXAMINER, OR ANY AUTHORIZED EMPLOYEE OF THE COMMISSIONER WHO ENCOUNTERS A PERSON USING SUCH AN INVALID LICENSE SHALL REFER THE PERSON TO THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 63-1-35, Mississippi Code of 1972, is amended as follows:

63-1-35. (1) The Commissioner of Public Safety 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 Department of Public Safety. A licensee shall list his social security number with the department which shall cross reference the social security number 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 department 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 department 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 commissioner in conformity to Section 27-104-33.

(2) The commissioner 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 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 commissioner is authorized to provide the new, renewal or duplicate driver's license, temporary driving permit 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, Military Retiree Identification Card, United States Department of Veterans Affairs Medical Identification Card, United States Department of Veterans Affairs Identification Card or National Guard Form NGB 22. The veteran requesting the "Vet" designation may present his DD-214, Military Retiree Identification Card, United States Department of Veterans Affairs Medical Identification Card, United States Department of Veterans Affairs Identification Card or National Guard Form NGB 22 in person at the Mississippi Department of Public Safety Driver's License Station.

(5) Not later than July 1, 2021, the commissioner shall develop and implement a driver's license or driving permit in electronic format as an additional option for license or permit holders. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device.

(6) If false documents are provided by an individual for purposes of obtaining a veteran driver's license, such action shall be considered fraudulent use of identity under Section 97-19-85, Mississippi Code of 1972, and shall be punishable, upon conviction, as a felony pursuant to the provisions of that section.

(7) Any new, renewal or duplicate driver's license, temporary driving permit or commercial driver's license issued to a person under this chapter shall bear an indication of the sex of the individual which shall be consistent with the sex of the individual determined at birth. A court order that is inconsistent with this subsection shall have no effect upon issuance or renewal of a license under this chapter.

(8) (a) If a driver's license is of a class of licenses issued by another state exclusively to a person unable to prove lawful presence in the United States when the licenses are issued, the driver's license, or other permit purporting to authorize the holder to operate a motor vehicle on public roadways, shall be invalid in this state and does not authorize the holder to operate a motor vehicle in this state. Such classes of licenses include licenses that are issued exclusively to illegal or undocumented immigrants or licenses that are substantially the same as licenses issued to citizens, residents, or those lawfully present in the United States but have markings establishing that the license holder did not exercise the option of providing proof of lawful presence.

(b) A peace officer who stops a person driving or using an invalid license as described in paragraph (a) of this subsection shall issue a citation to the driver for driving without a license in violation of Section 63-1-41 and shall refer the person to the United States Immigration and Customs Enforcement Agency. A justice court judge, license examiner, or other authorized employee of the commissioner who encounters a person using an invalid license as described in paragraph (a) of this subsection shall refer the person to the United States Immigration and Customs Enforcement Agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.