Bill Text: MS SB2121 | 2012 | Regular Session | Introduced

Mississippi Senate Bill 2121 (Prior Session Legislation)

Introduced

Bill Title: Cell phones; limit use and prohibit texting while driving.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [SB2121 Detail]

Download: Mississippi-2012-SB2121-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary, Division B; Highways and Transportation

By: Senator(s) Hudson

Senate Bill 2121

AN ACT TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT TEXTING WHILE DRIVING FOR ALL DRIVERS; TO DEFINE CERTAIN TERMS; TO PROVIDE EXEMPTIONS; TO PROHIBIT THE USE OF CELLULAR TELEPHONES BY ADULTS WHILE OPERATING A MOTOR VEHICLE WITHOUT USING HANDS-FREE ACCESSORIES; TO PROHIBIT ENTIRELY CELL PHONE USE BY CERTAIN MINORS; TO PROVIDE PENALTIES FOR VIOLATIONS; 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.

(d) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 USC Section 332, including a cellular telephone or personal digital assistant.

(e) "Hands-free accessories" means a device or devices that allow a vehicle operator to speak on a cellular phone without holding the phone or some part of the phone with his hands.

(2) (a) A person * * * shall not operate a motor vehicle on a highway while using a wireless communication device to send or receive a written message while the motor vehicle is in motion.

(b) A person eighteen (18) years of age or older shall not operate a motor vehicle while using a cellular telephone without using hands-free accessories.

(d) A person shall not use a wireless communication device while operating a passenger bus with a minor passenger on the bus, except for an emergency or, in the case of a school bus driver, for official school business or in an emergency.

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

(a) Law enforcement and safety personnel;

(b) Drivers of authorized emergency vehicles;

(d) A person who believes that the person or another person is in physical danger;

(e) Calls and written messages sent or received while the vehicle is parked;

(f) The use of a wireless communication device for the sole purpose of communicating with any of the following regarding an emergency situation:

(i) An emergency response or E911 operator;

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

(iii) A provider of ambulance services;

(iv) A provider of fire fighting services;

(v) A law enforcement agency;

(g) The use of technology utilizing a cellular connection to a vehicle to relay vehicle operational information between the vehicle and a call center or repair facility; and

(h) A vehicle navigation system utilizing a cellular connection to update databases and provide real-time traffic information.

(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) A person in violation of this section at the time the person is involved in a motor vehicle accident shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00) in addition to any other fine or penalty that may be imposed by law.

(c) A law enforcement officer investigating a motor vehicle accident in which a person is cited for violating * * * this section shall indicate on the written accident report the use of a wireless communication device in violation of this section at the time of the accident.

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