Bill Text: MS HB88 | 2012 | Regular Session | Introduced


Bill Title: Bicycle passing laws; provide for a felony when violation results in serious injury or death.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [HB88 Detail]

Download: Mississippi-2012-HB88-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary B

By: Representative Rogers (14th) (By Request)

House Bill 88

AN ACT TO AMEND SECTION 63-3-1309, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A MOTOR VEHICLE OPERATOR CONVICTED OF VIOLATING CERTAIN BICYCLE PASSING LAWS CAUSING AN ACCIDENT THAT RESULTS IN THE DEATH OR SERIOUS INJURY OF THE BICYCLIST SHALL BE GUILTY OF A FELONY; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 63-3-1309, Mississippi Code of 1972, is amended as follows:

     63-3-1309.  (1)  While passing a bicyclist operating a bicycle on a roadway, a motor vehicle operator shall leave a safe distance of not less than three (3) feet between his vehicle and the bicyclist and shall maintain such clearance until safely past the bicyclist.

     (2)  A motor vehicle operator may pass a bicyclist operating a bicycle traveling in the same direction in a nonpassing zone with the duty to execute the pass only when it is safe to do so.

     (3)  The operator of a motor vehicle that passes a bicyclist operating a bicycle proceeding in the same direction may not make a right turn at any intersection or into any highway or driveway unless the turn can be made with reasonable safety.

     (4)  If any operator of a motor vehicle violates this section causing an accident that results in the death of a person riding a bicycle or the mutilation, disfigurement, permanent disability or the destruction of the tongue, eye, lip, nose or any other limb, organ or member of a person riding a bicycle, then such person, upon conviction, shall be guilty of a felony and shall be punished by imprisonment for not less than five (5) years nor more than twenty (20) years, or by fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.


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