Bill Text: MS SB2165 | 2011 | Regular Session | Introduced

Mississippi Senate Bill 2165 (Prior Session Legislation)

Introduced

Bill Title: Texting while driving; prohibit.

Sponsorship: Slight Partisan Bill (Democrat 3-1)

Status: (Failed) 2011-02-01 - Died In Committee [SB2165 Detail]

Download: Mississippi-2011-SB2165-Introduced.html

MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Judiciary, Division B

By: Senator(s) Butler (38th), Baria, Burton, Dearing

Senate Bill 2165

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 EXEMPTIONS AND PENALTIES FOR VIOLATIONS OF THE PROHIBITION; 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) 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 cellular telephone or a personal digital assistant to send or receive a written message occurred at the time of the accident.

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