Bill Text: MS SB2801 | 2026 | Regular Session | Engrossed
Bill Title: Hand-held mobile telephones; increase civil penalties for texting while driving.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-03-11 - Died On Calendar [SB2801 Detail]
Download: Mississippi-2026-SB2801-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
Senate Bill 2801
(As Passed the Senate)
AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO INCREASE THE CIVIL PENALTIES FOR WRITING, SENDING, OR READING A TEXT MESSAGE AND READING OR POSTING TO A SOCIAL NETWORKING SITE USING A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A MOTOR VEHICLE; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER MAY CONDUCT A TRAFFIC STOP BASED SOLELY ON A VIOLATION OF THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-33-1, Mississippi Code of 1972, is amended as follows:
63-33-1. (1) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:
(a) "Hand-held
mobile telephone" means a mobile telephone or other portable electronic
communication device with which a user engages in a call or writes, sends or
reads a text message using at least one (1) hand. The term "hand-held
mobile telephone" shall not include a voice-operated or hands-free device * * *.
(b) "Motor
vehicle" means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways * * *.
(c) "Social
networking site" means any web-based service that allows individuals to
construct a profile within a founded system, articulate a list of other users
with whom they share a connection, and communicate with other users of the site * * *.
(d) "Text
message" includes a text-based message, instant message, electronic
message, and email, but shall not include an emergency, traffic or weather
alert or a message related to the operation or navigation of the motor vehicle * * *.
(e) "Voice-operated
or hands-free device" means a device that allows the user to write, send,
or read a text message without the use of either hand except to activate,
deactivate, or initiate a feature or function.
(f) "Writing," "sending" and "reading," with respect to a text message, means the manual entry, sending, or retrieval of a text message, respectively, to communicate with any person or device.
(2) An operator of a moving motor vehicle is prohibited from writing, sending, or reading a text message and from accessing, reading or posting to a social networking site using a hand-held mobile telephone while driving a motor vehicle.
(3) (a) (i) A violation of this section that occurs in a school
zone or work zone is a civil violation, and upon being found in violation,
is punishable by a civil penalty of * * *
Two Hundred and Fifty Dollars ($250.00).
(ii) If a person is involved in a crash at the time of the violation, then the fine shall be equal to double the amount of the fine imposed in subparagraph (i) of this paragraph and the law enforcement officer investigating the crash shall indicate on the written accident report that the person was using a hand-held mobile telephone at the time of the crash.
(b) (i) A violation of this section that occurs in a location other than a school zone or highway construction zone is a civil violation, and upon being found in violation, is punishable by a civil penalty of One Hundred Dollars ($100.00).
(ii) If a person is involved in a crash at the time of the violation, then the fine shall be equal to double the amount of the fine imposed in subparagraph (i) of this paragraph and the law enforcement officer investigating the crash shall indicate on the written accident report that the person was using a hand-held mobile telephone at the time of the crash.
(c) No state assessments shall be imposed or collected for a violation under this section.
(4) The Department of Public Safety shall keep and maintain records of citations issued under this section, including the age and race of the vehicle operator, whether there was an additional traffic violation by the vehicle operator, and whether there was a crash or any damage to a vehicle or passenger at the time of the citation.
(5) No law enforcement officer may conduct a traffic stop based solely on a violation of this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2026.
