Bill Text: MS HB840 | 2011 | Regular Session | Introduced

Mississippi House Bill 840 (Prior Session Legislation)

Introduced

Bill Title: Cellular telephone; prohibit any driver from sending or receiving written messages on and impose $25.00 for.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-02-01 - Died In Committee [HB840 Detail]

Download: Mississippi-2011-HB840-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Transportation

By: Representative Nicholson

House Bill 840

AN ACT TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT ANY DRIVER FROM SENDING OR RECEIVING WRITTEN MESSAGES WHILE DRIVING; TO PROVIDE THAT THE FINE FOR A VIOLATION OF THIS ACT SHALL BE TWENTY-FIVE DOLLARS; TO PROVIDE THAT A VIOLATION OF THIS ACT SHALL NOT BE ENTERED ON THE DRIVING RECORD OF ANY INDIVIDUAL SO CONVICTED, NOR SHALL ANY STATE ASSESSMENT PROVIDED FOR BY SECTION 99-19-73, OR ANY OTHER STATE LAW, BE IMPOSED OR COLLECTED; 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) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:

(a) "Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radiophones.

(b) "Personal digital assistant" means a wireless electronic communication device that provides for data communication other than by voice.

(2) A person * * * shall not operate a motor vehicle on a highway while using a cellular telephone or a personal digital assistant to send or receive a written message while the motor vehicle is in motion.

(3) This section does not apply to any of the following:

(a) When the person is reporting reckless or negligent behavior;

(b) When the person believes that he or another person is in physical danger, but only if that person is the driver of, and sole occupant in, the motor vehicle;

(d) The use of a cellular telephone or a personal digital assistant for the sole purpose of communicating with any of the following regarding an emergency situation:

(i) An emergency response operator.

(ii) A hospital, physician's office or health clinic.

(iii) A provider of ambulance services.

(iv) A provider of firefighting services.

(v) A law enforcement agency.

(4) * * * A violation of this section is a misdemeanor, and upon conviction, is punishable by a fine of Twenty-five Dollars ($25.00).

* * *

(5) A violation of this section shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.

SECTION 2. This act shall take effect and be in force from and after July 1, 2011.