Bill Text: MS HB685 | 2011 | Regular Session | Introduced
Bill Title: Wireless interactive communication; prohibit use of by a person operating a motor vehicle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB685 Detail]
Download: Mississippi-2011-HB685-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Transportation
By: Representative Clarke
House Bill 685
AN ACT TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF WIRELESS TELEPHONES OR ELECTRONIC COMMUNICATION DEVICES TO ENGAGE IN WIRELESS INTERACTIVE COMMUNICATION BY A PERSON OPERATING A MOTOR VEHICLE; TO PROVIDE EXEMPTIONS FROM COMPLIANCE WITH THE REQUIREMENTS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-73, Mississippi Code of 1972, is amended as follows:
63-1-73. (1) It shall be unlawful for an operator of a moving motor vehicle on a public road or highway of this state to use a wireless telephone or electronic communication device to engage in wireless interactive communication.
(2) For the purposes of this section, the following terms shall have the meanings ascribed to them unless the context clearly indicates otherwise:
(a) "Wireless telephone or electronic communication device" means a wireless interactive communication device with which a user may engage in a text-based communication using one (1) hand or both hands or by reading a text-based communication. The term does not include a hands-free wireless telephone or electronic communication device, a Citizens' band radio, or a Citizens' band radio hybrid.
(b) "Hands-free wireless telephone or electronic communication device" means a wireless telephone or electronic communication device that allows a user to engage in text-based communication without the use of either hand either with:
(i) An internal feature or function; or
(ii) An attachment or additional device.
A hands-free wireless telephone or electronic communication device may be a permanent or temporary part of the wireless telephone or electronic communication device. A hands-free wireless telephone or electronic communication device may require the use of either hand to activate, deactivate, or initiate a function of the wireless telephone or electronic communication device.
(c) "Wireless interactive communication" means typing, sending, or reading a text-based communication or e-mail, or accessing information on the Internet with a wireless telephone or electronic communication device.
(3) The provisions of this section shall not apply if:
(a) The operator is a certified law enforcement officer, fire fighter, ambulance driver or emergency medical technician engaged in the actual performance of official duties; or
(b) The operator is in an emergency situation.
(4) (a) A violation of this section is a misdemeanor, and upon conviction, is punishable by a fine not to exceed Five Hundred Dollars ($500.00).
(b) If the person violates this section at the time that he is involved in a motor vehicle accident, then the violation is punishable by a fine not to exceed One Thousand Dollars ($1,000.00).
(c) If the person is cited for violating this section, and the alleged violation occurred at the time the person was involved in a motor vehicle accident, and a written accident report is required, then the law enforcement officer investigating the accident shall indicate on the written accident form that the use of a wireless telephone or electronic communication device for wireless interactive communication occurred at the time of the accident.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.
