Bill Text: MS SB2486 | 2018 | Regular Session | Introduced
Bill Title: MS Vehicle Insurance Verification System; revise various laws regarding.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [SB2486 Detail]
Download: Mississippi-2018-SB2486-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Insurance; Appropriations
By: Senator(s) Kirby
Senate Bill 2486
AN ACT TO AMEND SECTION 21-23-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT MUNICIPAL COURTS HAVE CIVIL JURISDICTION OVER CERTAIN ACTIONS REGARDING MOTOR VEHICLE LIABILITY INSURANCE; TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO REVISE THE CRIME OF FAILURE TO HAVE AN INSURANCE CARD TO A CIVIL VIOLATION AND PROVIDE THE PENALTIES; TO AMEND SECTION 63-16-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY MONIES IN EXCESS OF THE AMOUNT NEEDED TO DEFRAY THE EXPENSES AND COSTS OF THE VERIFICATION SYSTEM REMAINING IN THE UNINSURED MOTORIST IDENTIFICATION FUND AT THE END OF A FISCAL YEAR SHALL BE TRANSFERRED TO A SPECIAL FUND CREATED IN THE STATE TREASURY FOR THE PURPOSE OF FUNDING A HIGHWAY PATROL TROOPER SCHOOL; TO AMEND SECTION 63-9-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE UNIFORM TRAFFIC TICKET SHALL INCLUDE VIOLATIONS THAT IMPOSE A CIVIL PENALTY; TO BRING FORWARD SECTION 63-16-5, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 21-23-7, Mississippi Code of 1972, is amended as follows:
21-23-7. (1) The municipal judge shall hold court in a public building designated by the governing authorities of the municipality and may hold court every day except Sundays and legal holidays if the business of the municipality so requires; provided, however, the municipal judge may hold court outside the boundaries of the municipality but not more than within a sixty-mile radius of the municipality to handle preliminary matters and criminal matters such as initial appearances and felony preliminary hearings. The municipal judge may hold court outside the boundaries of the municipality but not more than within a one-mile radius of the municipality for any purpose. The municipal judge shall have the jurisdiction to hear and determine, without a jury and without a record of the testimony, all cases charging violations of the municipal ordinances and state misdemeanor laws made offenses against the municipality and to punish offenders therefor as may be prescribed by law. Except as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court. Such complaint shall state the essential elements of the offense charged and the statute or ordinance relied upon. Such complaint shall not be required to conclude with a general averment that the offense is against the peace and dignity of the state or in violation of the ordinances of the municipality. He may sit as a committing court in all felonies committed within the municipality, and he shall have the power to bind over the accused to the grand jury or to appear before the proper court having jurisdiction to try the same, and to set the amount of bail or refuse bail and commit the accused to jail in cases not bailable. The municipal judge is a conservator of the peace within his municipality. He may conduct preliminary hearings in all violations of the criminal laws of this state occurring within the municipality, and any person arrested for a violation of law within the municipality may be brought before him for initial appearance. The municipal court shall have jurisdiction of any case remanded to it by a circuit court grand jury. The municipal court shall have civil jurisdiction over actions filed pursuant to and as provided in Title 93, Chapter 21, Mississippi Code of 1972, the Protection from Domestic Abuse Act, and shall have civil jurisdiction over actions filed pursuant to and as provided in Sections 63-15-4(4) and 63-16-13(1) regarding motor vehicle liability insurance.
(2) In the discretion of the court, where the objects of justice would be more likely met, as an alternative to imposition or payment of fine and/or incarceration, the municipal judge shall have the power to sentence convicted offenders to work on a public service project where the court has established such a program of public service by written guidelines filed with the clerk for public record. Such programs shall provide for reasonable supervision of the offender and the work shall be commensurate with the fine and/or incarceration that would have ordinarily been imposed. Such program of public service may be utilized in the implementation of the provisions of Section 99-19-20, and public service work thereunder may be supervised by persons other than the sheriff.
(3) The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for search and arrest upon a finding of probable cause, and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or the municipality of the respondent, and enforce obedience thereto. The absence of a seal shall not invalidate the process.
(4) When a person shall be charged with an offense in municipal court punishable by confinement, the municipal judge, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel from the membership of The Mississippi Bar residing in his county who shall represent him. Compensation for appointed counsel in criminal cases shall be approved and allowed by the municipal judge and shall be paid by the municipality. The maximum compensation shall not exceed Two Hundred Dollars ($200.00) for any one (1) case. The governing authorities of a municipality may, in their discretion, appoint a public defender(s) who must be a licensed attorney and who shall receive a salary to be fixed by the governing authorities.
(5) The municipal judge of any municipality is hereby authorized to suspend the sentence and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed by the municipal judge. However, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years. The municipal judge shall have the power to establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice. Any such program shall be established by the court with written policies and procedures filed with the clerk of the court for public record. Subsequent to original sentencing, the municipal judge, in misdemeanor cases, is hereby authorized to suspend sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the municipal judge, if (a) the judge or his or her predecessor was authorized to order such suspension when the sentence was originally imposed; and (b) such conviction (i) has not been appealed; or (ii) has been appealed and the appeal has been voluntarily dismissed.
(6) Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing the said person thereafter legally stands as though he had never been convicted of the said misdemeanor(s) and may lawfully so respond to any query of prior convictions. This order of expunction does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of said Title 63.
(7) Notwithstanding the provisions of subsection (6) of this section, a person who was convicted in municipal court of a misdemeanor before reaching his twenty-third birthday, excluding conviction for a traffic violation, and who is a first offender, may utilize the provisions of Section 99-19-71, to expunge such misdemeanor conviction.
(8) In the discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court. Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law. The judgment of the court shall reflect that the conviction was on a plea of nolo contendere. An appeal may be made from a conviction on a plea of nolo contendere as in other cases.
(9) Upon execution of a sworn complaint charging a misdemeanor, the municipal court may, in its discretion and in lieu of an arrest warrant, issue a citation requiring the appearance of the defendant to answer the charge made against him. On default of appearance, an arrest warrant may be issued for the defendant. The clerk of the court or deputy clerk may issue such citations.
(10) The municipal court shall have the power to make rules for the administration of the court's business, which rules, if any, shall be in writing filed with the clerk of the court and shall include the enactment of rules related to the court's authority to issue domestic abuse protection orders pursuant to Section 93-21-1 et seq.
(11) The municipal court shall have the power to impose punishment of a fine of not more than One Thousand Dollars ($1,000.00) or six (6) months imprisonment, or both, for contempt of court. The municipal court may have the power to impose reasonable costs of court, not in excess of the following:
Dismissal of any affidavit, complaint or charge
in municipal court..................................... $ 50.00
Suspension of a minor's driver's license in lieu of
conviction............................................. $ 50.00
Service of scire facias or return "not found".......... $ 20.00
Causing search warrant to issue or causing
prosecution without reasonable cause or refusing to
cooperate after initiating action...................... $ 100.00
Certified copy of the court record..................... $ 5.00
Service of arrest warrant for failure to answer
citation or traffic summons............................ $ 25.00
Jail cost per day - actual jail cost paid by the municipality but not to exceed................................................ $ 35.00
Service of court documents related to the filing
of a petition or issuance of a protection from domestic
abuse order under Title 93, Chapter 21, Mississippi
Code of 1972 .......................................... $ 25.00
Any other item of court cost........................... $ 50.00
No filing fee or such cost shall be imposed for the bringing of an action in municipal court.
(12) A municipal court judge shall not dismiss a criminal case but may transfer the case to the justice court of the county if the municipal court judge is prohibited from presiding over the case by the Canons of Judicial Conduct and provided that venue and jurisdiction are proper in the justice court. Upon transfer of any such case, the municipal court judge shall give the municipal court clerk a written order to transmit the affidavit or complaint and all other records and evidence in the court's possession to the justice court by certified mail or to instruct the arresting officer to deliver such documents and records to the justice court. There shall be no court costs charged for the transfer of the case to the justice court.
(13) A municipal court judge shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
SECTION 2. Section 63-15-4, Mississippi Code of 1972, is amended as follows:
63-15-4. (1) The following vehicles are exempted from the requirements of this section:
(a) Motor vehicles exempted by Section 63-15-5;
(b) Motor vehicles for which a bond or a certificate of deposit of money or securities in at least the minimum amounts required for proof of financial responsibility is on file with the department;
(c) Motor vehicles that are self-insured under Section 63-15-53; and
(d) Implements of husbandry.
(2) (a) Every motor vehicle operated in this state shall have a motor vehicle liability insurance policy that covers the vehicle and is in compliance with the liability limits required by Section 63-15-3(j). The insured parties shall be responsible for maintaining the insurance on each motor vehicle.
(b) An insurance company issuing a policy of motor vehicle liability insurance as required by this section shall furnish to the insured an insurance card for each motor vehicle at the time the insurance policy becomes effective. The insurance card may be furnished in either paper or electronic format as chosen by the insured. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of electronic device. Beginning on July 1, 2013, insurers shall furnish commercial auto coverage customers with an insurance card clearly marked with the identifier, "Commercial Auto Insurance" or "Fleet" or similar language, to reflect that the vehicle is insured under a commercial auto policy.
(3) Upon stopping a motor vehicle at a roadblock where all passing motorists are checked as a method to enforce traffic laws or upon stopping a motor vehicle for any other statutory violation, a law enforcement officer, who is authorized to issue traffic citations, shall verify that the insurance card required by this section is in the motor vehicle or is displayed by electronic image on a cellular phone or other type of electronic device. However, no driver shall be stopped or detained solely for the purpose of verifying that the motor vehicle is covered by liability insurance in the amounts required under Section 63-15-3(j) unless the stop is part of such roadblock. If the law enforcement officer uses the verification system created in Section 63-16-3 and receives a response from the system verifying that the owner of the motor vehicle has liability insurance in the amounts required under Section 63-15-3(j), then the officer shall not issue a citation under this section notwithstanding any failure to display an insurance card by the owner or operator.
(4) Failure of the owner or
the operator of a motor vehicle to have the insurance card in the motor
vehicle, or to display the insurance card by electronic image on a cellular
phone or other type of electronic device, is a * * * civil
violation and a court of proper jurisdiction shall suspend the operator's
driving privilege and shall impose a civil penalty in an amount of Three
Hundred Dollars ($300.00) upon a first violation, in an amount of Four Hundred
Dollars ($400.00) upon a second violation, and in an amount of Five Hundred Dollars
($500.00) upon a third or subsequent violation. If suspended, the driving
privilege shall not be reinstated until the operator has motor vehicle
liability insurance in at least the minimum amounts required under Section 63-15-3(j)
and has paid the civil penalties imposed and the driver's license reinstatement
fees imposed by the Department of Public Safety. Any person shall have the
right to appeal any suspension or civil penalty under this subsection (4) in a
court of proper jurisdiction. If the matter is appealed and a violation is
found, then the court shall not reduce, suspend or suspend the execution of any
penalty imposed under the provisions of this subsection, in whole or in part.
It shall be the duty of the county prosecuting attorney, an attorney employed
under the provisions of Section 19-3-49, or in the event there is no such
prosecuting attorney for the county, the duty of the district attorney, to
represent the state in any appeal held under this subsection. Civil penalties
collected under this subsection (4) shall be deposited into the Uninsured
Motorist Fund created under Section 63-16-13. However, if the appeal of the
civil penalty would be under the proper jurisdiction of a municipal court, One
Hundred Dollars ($100.00) of the funds from the civil penalty shall be
deposited in the general fund of that municipality. If the appeal of the civil
penalty would be under the proper jurisdiction of any of the courts of a
county, One Hundred Dollars ($100.00) of the funds from the civil penalty shall
be deposited in the general fund of that county. A person found in violation
under this subsection (4) shall not be found in violation under Section 63-16-13(1)
arising from the same incident.
* * *
( * * *5) No law enforcement officer may
access any function, feature or other electronic image on a person's cellular
phone or other type of electronic device when enforcing the provisions of this
section except for the electronic image of an insurance card shown to the
officer.
SECTION 3. Section 63-16-13, Mississippi Code of 1972, is amended as follows:
63-16-13. (1) If
the operator of a motor vehicle being operated on the public roads, streets or
highways of the State of Mississippi or registered in the State of Mississippi
has been found failing to have motor vehicle liability insurance in at least
the minimum amounts required under Section 63-15-3(j), a court of proper
jurisdiction shall suspend the operator's driving privilege and shall impose a
civil penalty in an amount of Three Hundred Dollars ($300.00) upon a first
violation, in an amount of Four Hundred Dollars ($400.00) upon a second
violation and in an amount of Five Hundred Dollars ($500.00) upon a third or
subsequent violation. If suspended, the driving privilege shall not be
reinstated until the operator has motor vehicle liability insurance in at least
the minimum amounts required under Section 63-15-3(j) and has paid the civil
penalties imposed and driver's license reinstatement fees imposed by the
Department of Public Safety. Any person shall have the right to appeal any
suspension or civil penalty under this section in a court of proper
jurisdiction. If the matter is appealed and a violation is found, then the
court shall not reduce, suspend or suspend the execution of any penalty imposed
under the provisions of this subsection, in whole or in part. It shall be the
duty of the county prosecuting attorney, an attorney employed under the
provisions of Section 19-3-49, or in the event there is no such prosecuting
attorney for the county, the duty of the district attorney to represent the
state in any appeal held under this subsection. Civil penalties collected
under this subsection shall be deposited into the special fund created under
subsection (2) of this section. However, if the appeal of such civil penalty
would be under the proper jurisdiction of a municipal court, One Hundred
Dollars ($100.00) of the funds from such civil penalty shall be deposited in
the general fund of that municipality. If the appeal of such civil penalty
would be under the proper jurisdiction of any of the courts of a county, One
Hundred Dollars ($100.00) of the funds from such civil penalty shall be
deposited in the general fund of that county. * * * A person found in violation under
this subsection (1) shall not be found in violation under Section 63-15-4(4)
arising from the same incident.
(2) (a) There is created
in the State Treasury a special fund to be designated as the "Uninsured
Motorist Identification Fund." The fund shall consist of monies deposited
therein as provided under subsection (1) of this section and monies from any
other source designated for deposit into such fund. Unexpended amounts
remaining in the fund at the end of a fiscal year shall not lapse into the
State General Fund, and any interest earned or investment earnings on amounts
in the fund shall be deposited to the credit of the fund; however, * * * any monies in excess of
the amount needed to defray the expenses and costs of the verification system
created under Section 63-16-3 remaining in the fund at the end of a fiscal year
shall be transferred to * * *the Motor Vehicle Ad Valorem Tax Reduction Fund created under Section 27‑51‑105,
and one‑half (1/2) of any monies in excess of the amount needed to defray
the expenses and costs of the verification system created under Section 63‑16‑3
remaining in the fund at the end of a fiscal year shall be transferred to the
Mississippi Trauma Care Systems Fund created under Section 41‑59‑75
a special fund created in the State Treasury for the purpose of funding a
Highway Patrol Trooper School.
(b) Monies in the * * * Uninsured Motorist Identification
Fund may be used by the Department of Public Safety, upon appropriation by
the Legislature, only for the purpose of defraying expenses and costs for the
motor vehicle insurance verification system created under Section 63-16-3. In
addition, at any time during a fiscal year, if the Department of Public Safety
determines that funds in the Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund created under Section 45-2-1 are insufficient, the
department may request the State Fiscal Officer to transfer funds from the
Uninsured Motorist Identification Fund. The State Fiscal Officer may make an
appropriate transfer if he determines that the funds in the Law Enforcement
Officers and Fire Fighters Death Benefits Trust Fund are insufficient and the
funds in the Uninsured Motorist Identification Fund will be sufficient for
defraying the expenses and costs for the motor vehicle insurance verification
system created under Section 63-16-3. Monies in the fund used for the purposes
described in this paragraph (b) shall be in addition to other funds available
from any other source for such purposes.
SECTION 4. Section 63-9-21, Mississippi Code of 1972, is amended as follows:
63-9-21. (1) This section shall be known as the Uniform Traffic Ticket Law.
(2) All traffic tickets, except traffic tickets filed electronically as provided under subsection (8) of this section, shall be printed in the original and at least two (2) copies and such other copies as may be prescribed by the Commissioner of Public Safety. All traffic tickets shall be uniform as prescribed by the Commissioner of Public Safety and the Attorney General, except as otherwise provided in subsection (3)(b) and except that the Commissioner of Public Safety and the Attorney General may alter the form and content of traffic tickets to meet the varying requirements of the different law enforcement agencies. Upon passage of Senate Bill No. , 2018 Regular Session, the Commissioner of Public Safety and the Attorney General shall alter the form and content of traffic tickets to include those violations which impose a civil penalty as provided in subsection (3)(a) of this section. The Commissioner of Public Safety and the Attorney General shall prescribe a separate traffic ticket, consistent with the provisions of subsection (3)(b) of this section, to be used exclusively for violations of the Mississippi Implied Consent Law.
(3) (a) Every traffic ticket issued by any sheriff, deputy sheriff, constable, county patrol officer, municipal police officer or State Highway Patrol officer for any violation of traffic or motor vehicle laws, including violations that impose a civil penalty, shall be issued on the uniform traffic ticket or uniform implied consent violation ticket consisting of an original and at least two (2) copies and such other copies as may be prescribed by the Commissioner of Public Safety.
(b) The traffic ticket, citation or affidavit issued to a person arrested for a violation of the Mississippi Implied Consent Law shall contain a place for the trial judge hearing the case or accepting the guilty plea, as the case may be, to sign, stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised of his right to have an attorney. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be entered or written on the ticket, citation or affidavit.
(c) Every traffic ticket shall show, among other necessary information, the name of the issuing officer, the name of the court in which the cause is to be heard, and the date and time the person is to appear to answer the charge. The ticket shall include information that will constitute a complaint charging the offense for which the ticket was issued, and when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed thereunder.
(d) The traffic ticket shall contain a space to include the current address and current telephone number of the person being charged. It shall not contain a space to include the social security number of the person being charged.
(4) All traffic tickets, except traffic tickets filed electronically under subsection (8) of this section, shall be bound in book form, shall be consecutively numbered and each traffic ticket shall be accounted for to the officer issuing such book. The traffic ticket books shall be issued to sheriffs, deputy sheriffs, constables and county patrol officers by the chancery clerk of their respective counties, to each municipal police officer by the clerk of the municipal court, and to each State Highway Patrol officer by the Commissioner of Public Safety.
(5) The chancery clerk, clerk of the municipal court and the Commissioner of Public Safety shall keep a record of all traffic ticket books issued and to whom issued, accounting for all books printed and issued. All traffic tickets submitted electronically shall be filed automatically with the Commissioner of Public Safety and either the clerk of the municipal court or clerk of the justice court using the system of electronic submission for the purpose of maintaining a record of account as prescribed by this subsection (5).
(6) The original traffic ticket, unless the traffic ticket is filed electronically as provided under subsection (8) of this section, shall be delivered by the officer issuing the traffic ticket to the clerk of the court to which it is returnable to be retained in that court's records and the number noted on the docket. However, if a ticket is issued and the person is incarcerated based upon the conduct for which the ticket was issued, the ticket shall be filed with the clerk of the court to which it is returnable no later than 5:00 p.m. on the next business day, excluding weekends and holidays, after the date and time of the person's incarceration; however, failure to timely file the traffic ticket shall not be grounds for dismissal of the traffic ticket and shall not prevent the person's release from incarceration. The officer issuing the traffic ticket shall also give the accused a copy of the traffic ticket. The clerk of the court shall file a copy with the Commissioner of Public Safety within forty-five (45) days after judgment is rendered showing such information about the judgment as may be required by the commissioner or, in cases in which no judgment has been rendered, within one hundred twenty (120) days after issuance of the ticket. Other copies that are prescribed by the commissioner pursuant to this section shall be filed or retained as may be designated by the commissioner. All copies shall be retained for at least two (2) years.
(7) Failure to comply with the provisions of this section shall constitute a misdemeanor and, upon conviction, shall be punishable by a fine of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00).
(8) (a) Law enforcement
officers and agencies may file traffic tickets, including tickets issued for a
violation of the Mississippi Implied Consent Law and general misdemeanor
affidavits, by computer or electronic means if the ticket or affidavit conforms
in all substantive respects, including layout and content, as provided under * * * subsection (2) or (3)(b) of
this section. The provisions of subsection (4) of this section requiring
tickets bound in book form do not apply to a ticket that is produced by
computer or electronic means. Information concerning tickets produced by
computer or electronic means shall be available for public inspection in
substantially the same manner as provided for the uniform tickets described in
subsection (2) of this section.
(b) The defendant shall be provided with a paper copy of the ticket. A law enforcement officer who files a ticket or misdemeanor affidavit electronically shall be considered to have certified, signed and sworn to the ticket or misdemeanor affidavit and has the same rights, responsibilities and liabilities as with all other tickets or affidavits issued pursuant to this section.
SECTION 5. Section 63-16-5, Mississippi Code of 1972, is brought forward as follows:
63-16-5. (1) A law enforcement officer or authorized employee of a law enforcement agency may, during the course of a traffic stop or accident investigation, access the verification system established under Section 63-16-3 to verify whether a motor vehicle is covered by a valid motor vehicle liability policy in at least the minimum amounts required under Section 63-15-3(j).
(2) The response received from the system supersedes an insurance card produced by a motor vehicle operator, and notwithstanding the display of an insurance card by the operator, the law enforcement officer may issue a complaint and notice to appear to the operator for a violation of the Mississippi Motor Vehicle Safety-Responsibility Law. A law enforcement officer may exercise discretion in issuing a citation during the first sixty (60) days after proof of temporary insurance is issued by an insurance company, if the verification system shows that the insured's policy is expired and the operator provides proof of insurance with a new insurance company or a new insurance card.
(3) Except upon reasonable cause to believe that a driver has violated another traffic regulation or that the driver's motor vehicle is unsafe or not equipped as required by law, a law enforcement officer may not use the verification system to stop a driver for operating a motor vehicle in violation of this chapter.
SECTION 6. This act shall take effect and be in force from and after its passage.
