Bill Text: MS HB1361 | 2016 | Regular Session | Enrolled
Bill Title: DUI test; clarify the authority to administer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-04-06 - Approved by Governor [HB1361 Detail]
Download: Mississippi-2016-HB1361-Enrolled.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Drug Policy
By: Representative Willis
House Bill 1361
(As Sent to Governor)
AN ACT TO AMEND SECTION 63-11-5, MISSISSIPPI CODE OF 1972, TO CLARIFY WHO MAY ADMINISTER A DUI TEST; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 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.
(c) No such test shall be administered by any person who has not met all the educational and training requirements of the appropriate course of study prescribed by the Board on Law Enforcement Officers Standards and Training; provided, however, that sheriffs and elected chiefs of police shall be exempt from such educational and training requirement. No such tests shall be given by any officer or any agency to any person within fifteen (15) minutes of consumption of any substance by mouth.
(d) For purposes of this subsection (1), 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.
(2) 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, such officer shall inform such person that his failure to submit to such chemical test or tests of his breath 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 in the event such person has not previously been convicted of a violation of Section 63-11-30, or, for a period of one (1) year in the event of any previous conviction of such person under Section 63-11-30.
(3) 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).
(4) 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.
(5) 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 2. This act shall take effect and be in force from and after July 1, 2016.
