Bill Text: MS HB987 | 2024 | Regular Session | Introduced
Bill Title: Driver's licenses or identification cards of those on probation or parole; indicate as such on.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB987 Detail]
Download: Mississippi-2024-HB987-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representative Anderson (122nd)
House Bill 987
AN ACT TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PUBLIC SAFETY OF ALL INDIVIDUALS WHO ARE ON PROBATION OR PAROLE; TO REQUIRE THAT SUCH INFORMATION BE INCLUDED ON THE DRIVER'S LICENSES OR STATE-ISSUED IDENTIFICATION CARDS OF SUCH INDIVIDUALS WHILE THE INDIVIDUALS ARE ON PROBATION OR PAROLE; TO AMEND SECTIONS 45-35-3, 45-35-5, 63-1-309, 63-1-311, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Department of Corrections shall notify the Mississippi Department of Public Safety on a weekly basis of all individuals who are on probation and parole. The probation or parole status of an individual shall be included in the magstripe of the driver's license or state-issued identification card of the individual who is on probation or parole. Once an individual is no longer under the authority of the Department of Corrections, all probation or parole status information pertaining to the individual shall be deleted from the magstripe of the card.
SECTION 2. Section 45-35-3, Mississippi Code of 1972, is amended as follows:
45-35-3. (1) Any person six (6) years of age or older may be issued an identification card by the department which is certified by the registrant and attested by the commissioner as to true name, correct age and such other identifying data as required by Section 45-35-5.
(2) The new, renewal or duplicate identification card of a person required to register as a sex offender pursuant to Section 45-33-25 shall bear a designation identifying the cardholder as a sex offender.
(3) The commissioner is authorized to provide the new, renewal or duplicate identification card to any honorably discharged veteran as defined in Title 38 of the United States Code, and such identification card shall exhibit the letters "Vet" or any other mark identifying the person as a veteran. The veteran requesting the "Vet" designation shall present his DD-214 or equivalent document that includes a notation from the State Veterans Affairs Board that the applicant is a veteran.
(4) Not later than July 1, 2021, the commissioner shall develop and implement an identification card in electronic format as an additional option for card holders. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device.
(5) The new, renewal or duplicate identification card of a person who is on probation or parole shall have such probation or parole status designated on the card as provided under Section 1 of this act.
SECTION 3. Section 45-35-5, Mississippi Code of 1972, is amended as follows:
45-35-5. Data for the issuance of an identification card shall include a birth certificate or other document to establish the age and identity of the applicant, the social security number of the applicant, and such other identifying data as is required on an application for issuance of a driver's license, and when applicable, the data shall include information, as required under Section 1 of this act, for individuals who are on probation or parole.
SECTION 4. Section 63-1-309, Mississippi Code of 1972, is amended as follows:
63-1-309. (1) The department shall:
(a) Issue a provisional license to an eligible person upon receipt of an application;
(b) Defer payment of all fees, penalties and charges relating to the issuance of a provisional license under this section that are incurred prior to or during the term of incarceration and owed by the applicant to the department;
(c) Inform the provisional licensee that the licensee has six (6) months from the date of release from incarceration to clear his or her driving record of any suspensions, revocations or cancellations in order to be eligible for a driver's license issued under Section 63-1-9;
(d) Shall issue a driver's license upon the collection of the standard fees and handling charges at the end of the term of the provisional license if the provisional licensee qualifies for full and unrestricted driving privileges and has paid any fees owed under paragraph (c) of this subsection;
(e) Develop procedures to:
(i) Issue a driver's license after the collection of the standard fees and handling charges to any person who, upon release from incarceration, qualifies for full and unrestricted driving privileges without the need of a provisional license; and
(ii) Renew the driver's license of an inmate after the collection of the standard fees and handling charges; and
(f) Promulgate the rules and regulations necessary to administer this article.
(2) The department shall not assess an eligible person a fee for a provisional license.
(3) (a) The department may revoke the provisional license if the licensee commits an act or omission that causes the community supervision or parole of the holder of the provisional license to be revoked. The provisional licensee's probation or parole officer shall notify the department if the supervision or parole status has been revoked. The court shall notify the department if the provisional licensee is charged with a new felony or any moving traffic violation.
(b) If the department revokes a provisional license issued pursuant to this section, the holder shall not be entitled to receive another provisional license.
(4) The department shall, in conjunction with the Department of Corrections, provide to each person admitted to the Department of Corrections the person's current driver's license status, a detailed driver's history and any outstanding warrant information available on the National Criminal Information Center Database.
(5) When issuing a provisional license to an individual who is on probation or parole, the department shall include information concerning such probation or parole on the license as required under Section 1 of this act.
SECTION 5. Section 63-1-311, Mississippi Code of 1972, is amended as follows:
63-1-311. The Mississippi Department of Corrections shall:
(a) Identify eligible persons to apply for a provisional license under this section.
(b) Provide any inmate opportunity to renew the inmate's driver's license under Section 63-1-309(1)(e).
(c) Promulgate any necessary rules or regulations to administer this article.
(d) Provide information concerning individuals who are on probation or parole as required under Section 1 of this act.
SECTION 6. This act shall take effect and be in force from and after July 1, 2024.
