Bill Text: MS SB2236 | 2022 | Regular Session | Introduced

Mississippi Senate Bill 2236 (Prior Session Legislation)

Introduced

Bill Title: Funeral processions; provide right-of-way and authorize law enforcement to escort.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-02-01 - Died In Committee [SB2236 Detail]

Download: Mississippi-2022-SB2236-Introduced.html

MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Judiciary, Division B

By: Senator(s) Fillingane

Senate Bill 2236

AN ACT TO CREATE NEW SECTION 63-3-811, MISSISSIPPI CODE OF 1972, TO PROVIDE FUNERAL PROCESSIONS WITH THE RIGHT-OF-WAY; TO DEFINE TERMS; TO AMEND SECTION 63-3-315, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A DRIVER OF AN EMERGENCY VEHICLE WHO IS ESCORTING A FUNERAL PROCESSION TO PROCEED CAUTIOUSLY PAST A RED STOP SIGN OR TRAFFIC-CONTROL DEVICE; TO PROVIDE THAT A FUNERAL PROCESSION, WHEN ESCORTED BY LAW ENFORCEMENT, MAY PROCEED THROUGH AN INTERSECTION REGARDLESS OF STOP SIGNS AND TRAFFIC-CONTROL DEVICES; TO PROVIDE THAT AN UNESCORTED FUNERAL PROCESSION MAY FOLLOW A LEAD VEHICLE THROUGH AN INTERSECTION REGARDLESS OF A STOP SIGN OR TRAFFIC-CONTROL DEVICE AS LONG AS THE LEAD VEHICLE COMPLIES WITH STOP SIGNS AND TRAFFIC-CONTROL DEVICES; TO PROVIDE CERTAIN EXCEPTIONS TO THIS RIGHT-OF-WAY; TO AMEND SECTION 63-3-517, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A DRIVER OF AN EMERGENCY VEHICLE WHO IS ESCORTING A FUNERAL PROCESSION TO EXCEED THE SPEED LIMIT BY NO MORE THAN 15 MILES PER HOUR TO OVERTAKE THE FUNERAL PROCESSION AND DIRECT TRAFFIC AT THE NEXT INTERSECTION; TO AMEND SECTIONS 63-3-205, 63-3-313, 63-7-19, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 63-3-811, Mississippi Code of 1972:

63-3-811. (1) As used in this section, the following terms shall have the meaning ascribed herein unless the context requires otherwise:

(a) "Funeral procession" means two (2) or more vehicles accompanying the body of a deceased person, or traveling to the church, chapel, or other location at which the funeral service or entombment is to be held, in the daylight hours. "Funeral procession" includes a lead vehicle.

(b) "Law enforcement officer" means that term as defined in Section 45-6-3(c).

(c) "Lead vehicle" means any nonlaw enforcement motor vehicle being used to lead and facilitate the movement of a funeral procession. A funeral hearse or a funeral home vehicle may serve as a lead vehicle.

(d) "Stop sign" means the signs described in Title 63, Chapter 3, Article 21, Mississippi Code of 1972.

(e) "Traffic-control device" means the devices described in Title 63, Chapter 3, Article 7, Mississippi Code of 1972.

(2) (a) When escorted by a law enforcement officer, funeral processions have the right-of-way at intersections when vehicles comprising such procession have their headlights lighted regardless of stop signs and traffic-control devices. Under this subsection, funeral processions may proceed past a stop sign or traffic-control device but only after slowing down as may be necessary for safe operation.

(b) When not escorted by a law enforcement officer, funeral processions have the right-of-way at intersections when vehicles comprising such procession have their headlights lighted, as long as the operator of the lead vehicle complies with stop signs and traffic-control devices. When the lead vehicle has proceeded across an intersection after stopping as required by the stop sign or as allowed by the signal, all vehicles in the funeral procession may proceed without stopping, regardless of the stop sign or traffic-control device. The vehicles in the funeral procession shall follow the lead vehicle with due caution, slowing down as may be necessary for safe operation.

(i) Operators of vehicles, including the lead vehicle, in a funeral procession shall yield the right-of-way when directed to do so by a traffic officer; and

(ii) Operators of vehicles, including the lead vehicle, in a funeral procession shall yield the right-of-way upon the approach of an authorized emergency vehicle giving an audible or visible signal.

(3) An operator of a motor vehicle which is participating in the funeral procession shall not be charged with traffic violations pursuant to Title 63, Chapter 3, Mississippi Code of 1972, relating to stop signs and traffic-control devices unless the operation is reckless.

(4) The lead vehicle in the funeral procession may be marked with blinking, rotating or oscillating purple lights which may be used only when the vehicle is a lead vehicle in the funeral procession.

(5) The operator of a vehicle not in the funeral procession shall not drive his vehicle in the funeral procession except when authorized to do so by a traffic officer or when the vehicle is an authorized emergency vehicle giving audible or visible signal.

(6) Unless prohibited by a law enforcement officer, the operator of a vehicle not in a funeral procession may:

(a) Overtake and pass the vehicles in a funeral procession if the funeral procession may be passed without causing a traffic hazard or interfering with the funeral procession; and

(b) Enter and proceed through an intersection if the operator of the vehicle can do so without crossing the path of the funeral procession.

SECTION 2. Section 63-3-315, Mississippi Code of 1972, is amended as follows:

63-3-315. The driver of any authorized emergency vehicle when responding to an emergency call or escorting a funeral procession under Section 63-3-811(2)(a) upon approaching a red or stop signal or any stop sign shall slow down as necessary for safety but may proceed cautiously past such red or stop sign or signal. At other times drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal.

SECTION 3. Section 63-3-517, Mississippi Code of 1972, is amended as follows:

63-3-517. (1) The speed limitations set forth in this article shall not apply to authorized emergency vehicles when responding to emergency calls or escorting funeral processions as provided in Section 63-3-811(2)(a) and the drivers thereof sound audible signal by bell, siren, or exhaust whistle.

(2) Under the authority granted in subsection (1), emergency vehicles escorting funeral processions may not exceed the speed limit by more than fifteen (15) miles per hour to overtake the funeral procession and direct traffic at the next intersection.

(3) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street, nor shall it protect the driver of any such vehicle from the consequence of a reckless disregard of the safety of others.

SECTION 4. Section 63-3-205, Mississippi Code of 1972, is amended as follows:

63-3-205. (1) The provisions of this chapter applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter with respect to authorized emergency vehicles.

(2) The provisions of this chapter shall not apply to persons, teams, motor vehicles and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work.

(3) No driver of any authorized emergency vehicle shall assume any special privilege under this chapter except when such vehicle is operated in response to an emergency call * * * or, in the immediate pursuit of an actual or suspected violator of the law, or to escort a funeral procession as provided in Section 63-3-811(2)(a).

SECTION 5. Section 63-3-313, Mississippi Code of 1972, is amended as follows:

63-3-313. No driver of a vehicle shall disobey the instructions of any official traffic-control device placed in accordance with the provisions of this chapter, unless at the time otherwise directed by a police officer or as provided in Section 63-3-811(2)(b).

SECTION 6. Section 63-7-19, Mississippi Code of 1972, is amended as follows:

63-7-19. (1) (a) Except as otherwise provided for unmarked vehicles under Section 19-25-15 and Section 25-1-87, every police vehicle shall be marked with blue lights. Every ambulance and special use EMS vehicle as defined in Section 41-59-3 shall be marked with red lights front and back and also may be marked with white and amber lights in addition to red lights. Every emergency management/civil defense vehicle, including emergency response vehicles of the Department of Environmental Quality, shall be marked with blinking, rotating or oscillating red lights. Official vehicles of a 911 Emergency Communications District may be marked with red and white lights. Every wrecker or other vehicle used for emergency work, except vehicles authorized to use blue or red lights, shall be marked with blinking, oscillating or rotating amber-colored lights to warn other vehicles to yield the right-of-way, as provided in Section 63-3-809. Only police vehicles used for emergency work may be marked with blinking, oscillating or rotating blue lights to warn other vehicles to yield the right-of-way. Only law enforcement vehicles, fire vehicles, private or department-owned vehicles used by firemen of volunteer fire departments which receive funds pursuant to Section 83-1-39 when responding to calls, emergency management/civil defense vehicles, emergency response vehicles of the Department of Environmental Quality, ambulances used for emergency work, and 911 Emergency Communications District vehicles may be marked with blinking, oscillating or rotating red lights to warn other vehicles to yield the right-of-way. This section shall not apply to school buses carrying lighting devices in accordance with Section 63-7-23.

(b) Emergency response vehicles listed in this subsection (1) are also authorized to use alternating flashing headlights when responding to any emergency.

(2) Any vehicle operated by a United States rural mail carrier for the purpose of delivering United States mail may be marked with two (2) amber-colored lights on front top of the vehicle and two (2) red-colored lights on rear top of the vehicle and alternatively or additionally may be marked with a white, flashing strobe light on the roof of the vehicle so as to warn approaching travelers to decrease their speed because of danger of colliding with the mail carrier as he stops and starts along the edge of the road, street or highway.

(3) Any sanitation vehicle operated by a county, municipality or other political subdivision of this state or by a contractor under contract with a county, municipality or other political subdivision of this state to collect solid waste, refuse or recyclable material may be marked with flashing or oscillating white- or amber-colored lights so as to warn approaching travelers to decrease speed because of the danger of colliding with the sanitation collection vehicle as it stops and starts along the road, street or highway.

(4) Any nonlaw enforcement vehicle being used to lead and facilitate the movement of a military funeral procession or a funeral procession as defined in Section 63-3-811(1)(a) may be marked with blinking, rotating or oscillating purple lights. "Military funeral procession" means two (2) or more vehicles accompanying the body of a deceased member of the United States Armed Forces, or traveling to the church, chapel or other location at which the funeral service or entombment is to be held.

(5) Any operator of an emergency vehicle authorized to be marked with blinking, rotating or oscillating lights in accordance with this section, shall use blinking, rotating or oscillating lights when operating the emergency vehicle at a speed in excess of thirty (30) miles per hour over the posted speed limit.

SECTION 7. This act shall take effect and be in force from and after July 1, 2022.