Bill Text: MS SB2791 | 2014 | Regular Session | Introduced
Bill Title: Breathalyzer; clarify officers authorized to perform tests using.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2791 Detail]
Download: Mississippi-2014-SB2791-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary, Division A
By: Senator(s) Tindell
Senate Bill 2791
AN ACT TO AMEND SECTIONS 63-11-5 AND 63-11-19, MISSISSIPPI CODE OF 1972, TO CLARIFY THE OFFICERS AUTHORIZED TO PERFORM BREATHALIZER TESTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-11-5, Mississippi Code of 1972, is amended as follows:
63-11-5. (1) Any person
who operates a motor vehicle upon the public highways, public roads and streets
of this state shall be deemed to have given his consent, subject to the
provisions of this chapter, to a chemical test or tests of his breath, blood
or urine for the purpose of determining alcohol concentration * * *
or * * * the presence
in his body of any other substance which would impair a person's ability to
operate a motor vehicle. The test or tests shall be administered at the
direction of any * * * officer
authorized under Section 63-11-19 if * * * the officer is exercising this
authority in regard to a violation that occurred within the limits of the * * * officer's
jurisdiction when * * *
the officer has reasonable grounds and probable cause to believe that
the person was driving or had under his actual physical control a motor vehicle
upon the public streets or highways of this state while under the influence of
intoxicating liquor or any other substance which had impaired * * * the person's ability to operate a
motor vehicle. No such test shall be administered by any person who has not
met all the educational and training requirements of the appropriate course of
study prescribed by the Board on Law Enforcement Officers Standards and
Training; * * *
however, * * *
sheriffs and elected chiefs of police shall be exempt from * * * the educational and training
requirement. No * * *
breath tests shall be given by any officer or any agency to any person
within fifteen (15) minutes of consumption of any substance by mouth.
(2) If the officer has
reasonable grounds and probable cause to believe * * * the person to have been driving a
motor vehicle upon the public highways, public roads, and streets of this state
while under the influence of intoxicating liquor, * * * the officer shall inform * * * the person that his failure to
submit to * * *
the chemical test or tests of his breath shall result in the suspension
of his privilege to operate a motor vehicle upon the public streets and
highways of this state for a period of ninety (90) days in the event * * *
the person has not
previously been convicted of a violation of Section 63-11-30, or, for a period
of one (1) year in the event of any previous conviction of * * *
the person under
Section 63-11-30.
(3) The traffic ticket, citation or affidavit issued to a person arrested for a violation of this chapter shall conform to the requirements of Section 63-9-21(3)(b), and, if filed electronically, shall conform to Section 63-9-21(8).
(4) Any person arrested under the provisions of this chapter shall be informed that he has the right to telephone for the purpose of requesting legal or medical assistance immediately after being booked for a violation under this chapter.
(5) The Commissioner of Public Safety and the State Crime Laboratory created pursuant to Section 45-1-17 are hereby authorized from and after the passage of this section to adopt procedures, rules and regulations, applicable to the Implied Consent Law.
SECTION 2. Section 63-11-19, Mississippi Code of 1972, is amended as follows:
63-11-19. A chemical
analysis of the person's breath, blood or urine, to be considered valid under
the provisions of this section, shall have been performed according to methods
approved by the State Crime Laboratory created pursuant to Section 45-1-17 and
the Commissioner of Public Safety and performed by an individual possessing a
valid permit issued by the State Crime Laboratory for making * * * the analysis. The State Crime
Laboratory and the Commissioner of Public Safety are authorized to approve
satisfactory techniques or methods * * * to ascertain the qualifications and
competence of individuals to conduct * * * the analyses, and to issue permits
which shall be subject to termination or revocation at the discretion of the
State Crime Laboratory. The State Crime Laboratory shall not approve the
permit required herein for any law enforcement officer other than a member of
the State Highway Patrol, a sheriff or his deputies, a city policeman, an
officer of a state-supported institution of higher learning campus police
force, a security officer appointed and commissioned pursuant to the Pearl
River Valley Water Supply District Security Officer Law of 1978, a national
park ranger, a national park ranger technician, a military policeman stationed
at a United States military base located within this state other than a
military policeman of the Army or Air National Guard or of Reserve Units of the
Army, Air Force, Navy or Marine Corps, a marine law enforcement officer employed
by the Department of Marine Resources, or a conservation officer employed by
the Mississippi Department of Wildlife, Fisheries and Parks. The permit given
a marine law enforcement officer shall authorize * * * the officer to administer tests
only for violations of Sections 59-23-1 through 59-23-7. The permit given a
conservation officer shall authorize * * * the officer to administer tests
only for violations of Sections 59-23-1 through 59-23-7 and for hunting related
incidents resulting in injury or death to any person by discharge of a weapon
as provided under Section 49-4-31.
The State Crime Laboratory shall make periodic, but not less frequently than quarterly, tests of the methods, machines or devices used in making chemical analysis of a person's breath as shall be necessary to ensure the accuracy thereof, and shall issue its certificate to verify the accuracy of the same.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
