Bill Text: MS HB624 | 2012 | Regular Session | Introduced
Bill Title: Commercial Driver's License Act; require county prosecuting attorneys to represent the state in appeals regarding.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Failed) 2012-03-06 - Died In Committee [HB624 Detail]
Download: Mississippi-2012-HB624-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary A
By: Representatives Bell, Boyd, Carpenter, Sullivan, Upshaw
House Bill 624
AN ACT TO AMEND SECTION 63-1-218, MISSISSIPPI CODE OF 1972, TO REVISE THE COMMERCIAL DRIVER'S LICENSE ACT TO REQUIRE THE COUNTY PROSECUTING ATTORNEY TO REPRESENT THE STATE IN ANY APPEAL FOLLOWING A DECISION RESULTING FROM A HEARING ON A PERSON'S DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-218, Mississippi Code of 1972, is amended as follows:
63-1-218. Effective date of disqualification; hearing. (1) A disqualification from driving a commercial motor vehicle shall be effective on not less than ten (10) days' notice.
(2) If requested, a hearing on the disqualification shall be conducted, under Section 63-1-53. The scope of the hearing shall be limited to verification of the conviction.
(3) A person aggrieved by a decision resulting from a hearing under this section may have the decision reviewed on the record. The appeal shall be to the Circuit Court of the First Judicial District of Hinds County or, in the discretion of the licensee, to the circuit court of the county in which the licensee resides or has a principal place of business.
(4) It shall be the duty of the county prosecuting attorney, an attorney employed under the provisions of Section 19-3-49, or in the event there is no such prosecuting attorney for the county, the duty of the district attorney to represent the state in any appeal held under the provisions of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2012.
