Bill Text: MS SB2488 | 2013 | Regular Session | Introduced
Bill Title: Texting while driving; prohibit, and limit cell phone use.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2488 Detail]
Download: Mississippi-2013-SB2488-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Highways and Transportation; Judiciary, Division B
By: Senator(s) Hudson
Senate Bill 2488
AN ACT TO CREATE SECTION 63-3-1217, 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 OR A VOICE-USER INTERFACE; TO PROHIBIT ENTIRELY CELL PHONE USE BY CERTAIN MINORS AND BUS DRIVERS; TO PROVIDE PENALTIES FOR VIOLATIONS; TO REPEAL SECTION 63-1-73, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS TEXTING WHILE DRIVING BY THE HOLDERS OF TEMPORARY AND INTERMEDIATE DRIVER'S LICENSES, AND THE USE OF ANY WIRELESS DEVICE BY CERTAIN BUS DRIVERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 63-3-1217, Mississippi Code of 1972:
63-3-1217. (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) "E911" shall have the meaning ascribed in Section 19-5-303.
(c) "Wireless communication device" means a device that uses a commercial mobile service, as defined by 47 USC Section 332, including a cellular telephone, personal digital assistant, text-messaging device, stand-alone computer or any other similar wireless device that is readily removable from a vehicle and is used to write, send, receive or read voice, text or data through manual or voice input.
(d) "Hands-free accessory" means a device or devices that allow a vehicle operator to speak on a cellular phone without use of the hands to hold the phone or some part of the phone.
(e) "Voice-user interface" means a device that is voice operated and which allows the user to send or receive a text-based communication without the use of either hand except to activate or deactivate a feature or function.
(2) (a) While operating a motor vehicle in motion on a street or highway:
(i) A person shall not use a wireless communication device to send or receive a written message.
(ii) A person shall not program coordinates into a global positioning or navigation system.
(iii) A person eighteen (18) years of age or older shall not use a cellular telephone without using a hands-free accessory or voice-user interface.
(v) A person under the age of eighteen (18) shall not use a cellular telephone.
(b) 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;
(c) A person who is reporting reckless or negligent behavior;
(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 firefighting services;
(v) A law enforcement agency; or
(vi) Other emergency services agency or entity.
(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.
(5) It is the intent of the Legislature that a violation of this section shall be a primary offense and that any conviction of a violation under this section shall be placed on the driving record of the person as otherwise provided by law.
SECTION 2. Section 63-1-73, Mississippi Code of 1972, which prohibits texting while driving by the holders of temporary and intermediate driver's licenses, and the use of any wireless device by certain bus drivers, is repealed.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.
