Bill Text: MS SB2801 | 2014 | Regular Session | Introduced
Bill Title: Driving under the influence; revise.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2801 Detail]
Download: Mississippi-2014-SB2801-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary, Division A
By: Senator(s) Hopson
Senate Bill 2801
AN ACT TO AMEND SECTIONS 63-11-30 AND SECTION 63-11-31, MISSISSIPPI CODE OF 1972, TO REVISE THE IMPOSITION OF AN IGNITION-INTERLOCK ORDER IN A DUI CASE; TO REPEAL SECTION 63-11-49, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR IMPOUNDMENT OF A VEHICLE DRIVEN BY A PERSON CHARGED WITH A THIRD OR SUBSEQUENT CHARGE OF DRIVING UNDER THE INFLUENCE; TO REPEAL SECTION 63-11-51, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR FORFEITURE PROCEEDINGS FOR A VEHICLE DRIVEN BY A PERSON CHARGED WITH A THIRD OR SUBSEQUENT CHARGE OF DRIVING UNDER THE INFLUENCE; TO REPEAL SECTION 63-11-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE DISPOSITION OF A VEHICLE DRIVEN BY A PERSON CHARGED WITH A THIRD OR SUBSEQUENT CHARGE OF DRIVING UNDER THE INFLUENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-11-30, Mississippi Code of 1972, is amended as follows:
* * *
63-11-30. (1) It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle; (c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, in the person's blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of the person's breath, blood or urine administered as authorized by this chapter; (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or (e) has an alcohol concentration of four one-hundredths percent (.04%) or more in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of the person's blood, breath or urine, administered as authorized by this chapter for persons operating a commercial motor vehicle.
(2) (a) First offense
DUI. (i) Except as otherwise provided in subparagraph (iii) of this
subsection (2)(a) and subsection (3) of this section, upon conviction of any
person for the first offense of violating subsection (1) of this section where
chemical tests provided for under Section 63-11-5 were given, or where chemical
test results are not available, the person shall be fined not less than Two
Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00),
or imprisoned for not more than forty-eight (48) hours in jail, or both; and
the court shall order the person to attend and complete an alcohol safety
education program as provided in Section 63-11-32. The court may substitute
attendance at a victim impact panel instead of forty-eight (48) hours in jail.
In addition, the Department of Public Safety, or the Commissioner of Public
Safety or his duly authorized agent shall, after conviction and upon receipt of
the court abstract, suspend the driver's license and driving privileges of the
person for a period of ninety (90) days and until * * * the person attends and successfully
completes an alcohol safety education program as provided herein or, in the
discretion of the court, thirty (30) days and the person's driving
privilege shall be exercised only under an ignition-interlock-restricted
driver's license for ninety (90) days following the mandatory thirty-day
license suspension. The person shall not be eligible for any other form of
license until the person attends and successfully completes an alcohol safety
education program as provided in Section 63-11-32.
(ii) Commercial driving privileges shall be suspended as provided in Section 63-1-216.
(iii) A qualifying first offense under subsection (1) of this section may be nonadjudicated by the court. The court shall follow the procedure in Section 99-15-26 for all nonadjudications. A person is eligible for nonadjudication only one (1) time. A qualifying first offense is one where a breath test was not refused unless the court provides written findings as to why nonadjudication is being allowed where a breath test was refused. The person shall not be eligible for any other form of license until the person attends and successfully completes an alcohol safety education program as provided in Section 63-11-32. The judge shall forward a record of every nonadjudicated case to the Department of Public Safety and the Department of Public Safety shall maintain a confidential registry of all cases that are nonadjudicated as provided in this subparagraph (iii). Judges and prosecutors involved in the trial of implied consent violations shall have access to the confidential registry for the purpose of determining whether a person has previously been the subject of a nonadjudicated case and is therefore ineligible for another nonadjudication. A record of nonadjudication shall be maintained for five (5) years.
(iv) The court may enter an order of nonadjudication concerning a nonresident first offender, taking into consideration the available resources and programs in the offender's home jurisdiction and the ability of the court to monitor the person's compliance with conditions imposed by the court.
(b) Second offense DUI. (i) Except as otherwise provided in subsection (3), upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than one (1) year and sentenced to community service work for not less than ten (10) days nor more than one (1) year. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. Upon notification of conviction, the Commissioner of Public Safety shall suspend the driver's license of the person for forty-five (45) days. The person's driving privilege shall not be restored except by means of an ignition-interlock-restricted driver's license for one (1) year following the mandatory forty-five (45) day suspension. The person shall not be eligible for any other form of license until the person attends and successfully completes an alcohol safety education program as provided in Section 63-11-32.
(ii) Suspension of a commercial driver's license shall be governed by Section 63-1-216.
(c) Third offense
DUI. (i) Except as otherwise provided in subsection (3), for any third
conviction of any person violating subsection (1) of this section, the offenses
being committed within a period of five (5) years, the person shall be guilty
of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more
than Five Thousand Dollars ($5,000.00), and shall serve not less than one (1)
year nor more than five (5) years in the custody of the Department of
Corrections. For any offense that does not result in serious injury or death
to any person, the sentence of incarceration may be served in the county jail
rather than in the State Penitentiary at the discretion of the circuit court
judge. The minimum penalties shall not be suspended or reduced by the court
and no prosecutor shall offer any suspension or sentence reduction as part of a
plea bargain. Except as may otherwise be provided by paragraph (e) of
this subsection, the Commissioner of Public Safety shall suspend the driver's
license of * * *
the person for two (2) years. The person will not be eligible for
restoration of the driving privilege except by means of an ignition-interlock-restricted
driver's license for three (3) years following release from incarceration and
following the mandatory two-year driver's license suspension.
(ii) The suspension of a commercial driver's license shall be governed by Section 63-1-216.
(d) Fourth or subsequent offense DUI. Except as otherwise provided in subsection (3), for any fourth or subsequent conviction of any person violating subsection (1) of this section, without regard to the period of time over which the offenses were committed, the person shall be guilty of a felony and fined not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00) and shall serve not less than two (2) nor more than ten (10) years in the custody of the Department of Corrections. The Commissioner of Public Safety shall suspend the driver's license of the person for five (5) years which shall begin upon the person's release from the custody of the Department of Corrections.
(e) Except as otherwise provided in subsection (3), any person convicted of a second or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment for alcohol or drug abuse, the person shall successfully complete treatment at a program site certified by the Department of Mental Health. Each person who receives a diagnostic assessment shall pay a fee representing the cost of the assessment. Each person who participates in a treatment program shall pay a fee representing the cost of treatment.
(f) The Department of
Public Safety shall promulgate rules and regulations for the use of ignition-interlock
devices as provided in Section 63-11-31 and consistent with the provisions
therein. The rules and regulations shall provide that installation of the
device shall occur at the residence of the offender and for the calibration of
the devices and shall provide that the cost of the use of the systems shall be
borne by the offender. The Department of Public Safety shall approve which
vendors shall be used to furnish the systems and may assess fees to * * * the vendors. The maximum costs to
the offender as prescribed in the department's rules and regulations shall not
exceed One Hundred Fifty Dollars ($150.00) for installation and Two Dollars and
Fifty Cents ($2.50) per day for the user fee, and the department shall also
prescribe maximum fees for periodic inspections, calibrations and repairs.
(3) Zero Tolerance for
Minors. (a) This subsection shall be known and may be cited as Zero
Tolerance for Minors. The provisions of this subsection shall apply only when
a person under the age of twenty-one (21) years has a blood alcohol
concentration of two one-hundredths percent (.02%) or more, but lower than
eight one-hundredths percent (.08%). If * * * the person's blood alcohol
concentration is eight one-hundredths percent (.08%) or more, the provisions of
subsection (2) shall apply.
(b) Upon conviction of
any person under the age of twenty-one (21) years for the first offense of
violating subsection (1) of this section where chemical tests provided for
under Section 63-11-5 were given, or where chemical test results are not
available, * * *
the person shall have his driver's license suspended for ninety (90)
days and shall be fined Two Hundred Fifty Dollars ($250.00); and the court
shall order * * *
the person to attend and complete an alcohol safety education program as
provided in Section 63-11-32. The court may also require attendance at a
victim impact panel.
The court in the
county in which the conviction was had or the circuit court of the person's
county of residence may reduce the suspension of driving privileges under
subsection (2)(a) of this section * * * suspension would
constitute a hardship on the offender, except that * * * the court shall
impose a mandatory thirty (30) * * * day
suspension that may not be suspended or reduced. * * * A hardship exception under this
section shall only * * *
be available to first-time offenders * * *. A reduction of suspension on the
basis of hardship shall not be available to any person who refused to submit to
a chemical test upon the request of a law enforcement officer as provided in
Section 63-11-5. When the petition is filed, * * * the person shall pay to the circuit
clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00),
which shall be deposited into the State General Fund to the credit of a special
fund hereby created in the State Treasury to be used for alcohol or drug abuse
treatment and education, upon appropriation by the Legislature. This fee shall
be in addition to any other court costs or fees required for the filing of
petitions.
The petition filed under the
provisions of this subsection shall contain the specific facts which the
petitioner alleges to constitute a hardship and the driver's license number of
the petitioner. A hearing may be held on any petition filed under this
subsection only after ten (10) days' prior written notice to the Commissioner
of Public Safety, or his designated agent, or the attorney designated to
represent the state. At * * *such the hearing, the court may enter an order reducing
the period of suspension on the basis of hardship, but may not suspend or
reduce the mandatory thirty-day suspension.
The order entered under the
provisions of this subsection shall contain the specific grounds upon which
hardship was determined, and shall order the petitioner to attend and complete
an alcohol safety education program as provided in Section 63-11-32. A
certified copy of * * *
the order shall be delivered to the Commissioner of Public Safety by the
clerk of the court within five (5) days of the entry of the order. The
certified copy of * * *
the order shall contain information which will identify the petitioner,
including, but not limited to, the name, mailing address, street address,
social security number and driver's license number of the petitioner.
* * *
The court may grant the
person hardship driving privileges upon written petition of the defendant at
any time, but not to take effect until the person has completed the mandatory
thirty-day suspension, if it finds reasonable cause to believe that
revocation would hinder the person's ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation.
(c) Upon any second
conviction of any person under the age of twenty-one (21) years violating
subsection (1) of this section, the offenses being committed within a period of
five (5) years, * * *
the person shall be fined not more than Five Hundred Dollars ($500.00)
and shall have his driver's license suspended for one (1) year.
(d) For any third or
subsequent conviction of any person under the age of twenty-one (21) years
violating subsection (1) of this section, the offenses being committed within a
period of five (5) years, * * *such the person shall be fined not more than One
Thousand Dollars ($1,000.00) and shall have his driver's license suspended
until he reaches the age of twenty-one (21) or for two (2) years, whichever is
longer.
(e) Any person under
the age of twenty-one (21) years convicted of a second violation of subsection
(1) of this section, may have the period that his driver's license is suspended
reduced if * * *
the person receives an in-depth diagnostic assessment, and as a result
of * * * the
assessment is determined to be in need of treatment of his alcohol and/or drug
abuse problem and successfully completes treatment of his alcohol and/or drug
abuse problem at a program site certified by the Department of Mental Health. * * * The person shall be eligible for
reinstatement of his driving privileges upon the successful completion of * * * treatment after a period of six (6) months
after the person's driver's license is suspended. Each person who
receives a diagnostic assessment shall pay a fee representing the cost of * * * the assessment. Each person who
participates in a treatment program shall pay a fee representing the cost of * * * the treatment.
(f) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section shall complete treatment of an alcohol and/or drug abuse program at a site certified by the Department of Mental Health.
(g) The court shall
have the discretion to rule that a first offense of this subsection by a person
under the age of twenty-one (21) years shall be nonadjudicated. * * * The person shall be eligible for
nonadjudication only once. The Department of Public Safety shall maintain a
confidential registry of all cases which are nonadjudicated as provided in this
paragraph. A judge who rules that a case is nonadjudicated shall forward * * * the ruling to the Department of
Public Safety. Judges and prosecutors involved in implied consent violations
shall have access to the confidential registry for the purpose of determining
nonadjudication eligibility. A record of a person who has been nonadjudicated
shall be maintained for five (5) years or until * * * the person reaches the age of
twenty-one (21) years. Any person whose confidential record has been disclosed
in violation of this paragraph shall have a civil cause of action against the
person and/or agency responsible for * * * the disclosure.
(4) DUI test refusal. In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of his breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of the test in any prosecution, shall suffer an additional suspension of driving privileges as follows:
The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or permit to drive or deny the issuance of a license or permit to the person as provided for first, second and third or subsequent offenders in subsection (2) of this section. The suspension shall be in addition to any suspension imposed pursuant to subsection (1) of Section 63-11-23. The minimum suspension imposed under this subsection shall not be reduced and no prosecutor is authorized to offer a reduction of the suspension as part of a plea bargain.
(5) Aggravated DUI.
Every person who operates any motor vehicle in violation of the provisions of
subsection (1) of this section and who in a negligent manner causes the death
of another or mutilates, disfigures, permanently disables or destroys the
tongue, eye, lip, nose or any other limb, organ or member of another shall,
upon conviction, be guilty of a separate felony for each * * * victim who suffers death,
mutilation, disfigurement or other injury and shall be committed to the custody
of the State Department of Corrections for a period of time of not less than
five (5) years and not to exceed twenty-five (25) years for each such death, mutilation,
disfigurement or other injury, and the imprisonment for the second or each
subsequent conviction, in the discretion of the court, shall commence either at
the termination of the imprisonment for the preceding conviction or run
concurrently with the preceding conviction. Any person charged with causing
the death of another as described in this subsection shall be required to post
bail before being released after arrest.
(6) DUI citations. Upon conviction of any violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit. The judge shall cause a copy of the traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction, to be sent to the Commissioner of Public Safety. A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.
(7) Out-of-state prior convictions. Convictions in other states of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring after July 1, 1992, shall be counted for the purposes of determining if a violation of subsection (1) of this section is a second, third or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.
(8) Charging of subsequent offenses. For the purposes of determining how to impose the sentence for a second, third or subsequent conviction under this section, the indictment shall not be required to enumerate previous convictions. It shall only be necessary that the indictment state the number of times that the defendant has been convicted and sentenced within the past five (5) years under this section to determine if an enhanced penalty shall be imposed. The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third or subsequent offense of this section.
(9) License eligibility for underage offenders. Any person under the legal age to obtain a license to operate a motor vehicle convicted under this section shall not be eligible to receive a driver's license until the person reaches the age of eighteen (18) years.
(10) License suspensions to run consecutively. Suspension of driving privileges for any person convicted of violations of subsection (1) of this section shall run consecutively.
(11) Ignition interlock. The court may order the use of any ignition-interlock device as provided in Section 63-11-31. The court shall make specific findings that an ignition-interlock device has been ordered.
(12) DUI child endangerment. A person who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle. The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished as follows:
(a) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a first conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or shall be imprisoned for not more than twelve (12) months, or both;
(b) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a second conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned for one (1) year, or both;
(c) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a third or subsequent conviction shall be guilty of a felony and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00) or shall be imprisoned for not less than one (1) year nor more than five (5) years, or both; and
(d) A person who commits a violation of this subsection which results in the serious injury or death of a child, without regard to whether the offense was a first, second, third or subsequent offense shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Ten Thousand Dollars ($10,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years.
(13) (a) Any person who, on or before June 30, 2014, was convicted under subsection (2) of this section of a first offense of driving under the influence may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction. Expunction under this subsection will only be available to a person:
(i) Who has successfully completed all terms and conditions of the sentence imposed for the conviction;
(ii) Who did not refuse to submit to a test of his blood or breath;
(iii) Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
(iv) Who has not been convicted of or have pending any other offense of driving under the influence; and
(v) Who has provided the court with justification as to why the conviction should be expunged.
(b) A person is eligible for only one (1) expunction under this subsection, and the Department of Public Safety shall maintain a confidential registry of all cases of expunction under this subsection for the sole purpose of determining a person's eligibility as a first-offender under this section.
(c) The court in its order of expunction shall state in writing the justification for which the expunction was granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order.
SECTION 2. Section 63-11-31, Mississippi Code of 1972, is amended as follows:
63-11-31. (1) For the purposes of this section, "ignition-interlock device" means a device that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if the driver's blood alcohol level exceeds the calibrated setting on the device.
(2) (a) The cost of installation of an ignition-interlock device shall be borne by the person to whom is issued an ignition-interlock-restricted driver's license unless a court determines that the person is indigent.
(b) Anyone convicted under Section 63-11-30 shall be assessed by the court, in addition to the criminal fines, penalties and assessments provided by law for violations of Section 63-11-30, a fee of not less than Thirty Dollars ($30.00) nor more than One Hundred Dollars ($100.00), to be deposited in the Ignition-Interlock Device Fund in the State Treasury. Anyone who receives a nonadjudication under Section 63-11-30 shall be assessed by the court, a fee of Two Hundred Fifty Dollars ($250.00) to be deposited in the Ignition-Interlock Device Fund in the State Treasury.
(3) (a) The specific calibration setting for an ignition-interlock device shall be no more than three one-hundredths percent (0.03%) blood alcohol concentration for persons twenty-one (21) years of age or older and no more than two one-hundredths percent (0.02%) blood alcohol concentration for persons under twenty-one (21) years of age, over which concentration the ignition-interlock device will prevent the motor vehicle from being started.
(b) A person who has an ignition-interlock device installed in a vehicle shall:
(i) Provide proof of the installation of the device and periodic reporting for verification of the proper operation of the device;
(ii) Have the system monitored for proper use and accuracy by an entity approved by the department at least semiannually, or more frequently as the circumstances may require;
(iii) Pay the reasonable cost of leasing or buying, monitoring, and maintaining the device.
(4) (a) (i) A person who is limited to driving only under an ignition-interlock-restricted driver's license shall not operate a vehicle that is not equipped with an ignition-interlock device.
(ii) A person prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
(iii) A person may not start or attempt to start a motor vehicle equipped with an ignition-interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device.
(iv) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition-interlock device that has been installed in a motor vehicle.
(v) A person may not knowingly provide a motor vehicle not equipped with a functioning ignition-interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition-interlock device.
(b) A violation of this subsection (4) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year, or both.
(c) A person shall not be in violation of this subsection (4) if:
(i) The starting of a motor vehicle equipped with an ignition-interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the restriction does not operate the vehicle; or
(ii) The court finds that a person is required to operate a motor vehicle in the course and scope of the person's employment. If the vehicle is owned by the person's employer, the person may operate that vehicle during regular working hours for the purposes of employment without installation of an ignition-interlock device if the employer has been notified of the driving privilege restriction and if proof of that notification is kept with the vehicle at all times. This employment exemption does not apply if the business entity that owns the vehicle is owned or controlled by the person who is prohibited from operating the motor vehicle not equipped with an ignition-interlock device.
(5) (a) A judge may also
order that the vehicle owned or operated by a person or a family member of any
person who committed a violation of Section 63-11-30 be equipped with an
ignition-interlock device for all or a portion of the time the driver's license
of the operator of * * *
the vehicle is suspended or restricted pursuant to this section, if:
(i) The operator of the vehicle used to violate Section 63-11-30 has at least one (1) prior conviction for driving a motor vehicle when the person's privilege to do so is cancelled, suspended or revoked as provided by Section 63-11-30; or
(ii) The driver's license of the operator of the vehicle was cancelled, suspended or revoked at the time of the violation of Section 63-11-30.
(b) The provisions of this subsection (5) shall not apply if the vehicle used to commit the violation of Section 63-11-30, was, at the time of the violation, rented or stolen.
(6) The provisions of this section are supplemental to the provisions of Section 63-11-30.
SECTION 3. Section 63-11-49, Mississippi Code of 1972, which provides for impoundment of a vehicle driven by a person charged with a third or subsequent charge of driving under the influence, is repealed.
SECTION 4. Section 63-11-51, Mississippi Code of 1972, which provides for forfeiture proceedings for a vehicle driven by a person charged with a third or subsequent charge of driving under the influence, is repealed.
SECTION 5. Section 63-11-53, Mississippi Code of 1972, which provides for the disposition of a vehicle driven by a person charged with a third or subsequent charge of driving under the influence, is repealed.
SECTION 6. This act shall take effect and be in force from and after July 1, 2014.
