Bill Text: MS HB565 | 2016 | Regular Session | Introduced
Bill Title: Motor vehicle; impose felony for operation of with a suspended license due to second or subsequent DUI violation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB565 Detail]
Download: Mississippi-2016-HB565-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representative Gipson
House Bill 565
AN ACT TO AMEND SECTION 63-11-40, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO DRIVES ANY MOTOR VEHICLE WHILE THEIR LICENSE IS SUSPENDED AS A RESULT OF A SECOND OR SUBSEQUENT CONVICTION OF OPERATION UNDER THE INFLUENCE SHALL BE GUILTY OF A FELONY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-11-40, Mississippi Code of 1972, is amended as follows:
63-11-40. (1) Any person whose driver's license, or driving privilege has been cancelled, suspended or revoked under the provisions of this chapter and who drives any motor vehicle upon the highways, streets or public roads of this state, while such license or privilege is cancelled, suspended or revoked, shall be guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not less than forty-eight (48) hours nor more than six (6) months, and fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00).
The Commissioner of Public
Safety shall suspend the driver's license or driving privilege of any person
convicted under the provisions * * * this subsection (1) for
an additional six (6) months. Such suspension shall begin at the end of the
original cancellation, suspension or revocation and run consecutively.
(2) Any person whose driver's license or driving privilege has been cancelled, suspended or revoked as a result of a second or subsequent conviction of a violation of Section 63-11-30(1), regardless of the time period within which said violations occurred, and drives any motor vehicle upon the highways, streets or public roads of this state while such license or privilege is cancelled, suspended or revoked shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not more than five (5) years and fined not more than Five Thousand Dollars ($5,000.00), and such person shall not be eligible to obtain a license to operate or drive a motor vehicle for a period of five (5) years from the date of such conviction.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
