Bill Text: MS HB1367 | 2016 | Regular Session | Introduced
Bill Title: DUI informational reform task force; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB1367 Detail]
Download: Mississippi-2016-HB1367-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Drug Policy
By: Representative Kinkade
House Bill 1367
AN ACT TO CREATE THE DUI INFORMATIONAL REFORM TASK FORCE; TO PROVIDE FOR THE MEMBERSHIP OF THE TASK FORCE; TO PROVIDE THE DUTIES OF THE TASK FORCE; TO PROVIDE STAFF TO ASSIST THE TASK FORCE; TO AMEND SECTIONS 45-27-7, 63-1-52 AND 63-11-37, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created the DUI Information Exchange Improvement Task Force to address the ongoing problem with DUI offenses being pled down due to lack of information or lack of certified copies of prior arrests and convictions. The task force shall be composed of eleven (11) members.
(2) At its first meeting, the task force shall elect a chairman and a vice chairman from its membership and shall adopt rules for transacting its business and keeping records. Members shall receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force. Members of the task force other than legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41 and the legislative members of the task force shall receive the expense allowance provided in Section 5-1-47.
(3) The duties of the task force shall be to:
(a) Make a comprehensive study of the flow of information between trial court clerks and judges, DUI prosecutors, the Driver Services Division of the Department of Public Safety, the Criminal Information Center of the Department of Public Safety, and all law enforcement agencies in the state to improve the imposition of enhanced penalties for repeat DUI offenders.
(b) Report its findings to the Legislature and the Governor by December 1, 2016.
(4) The Social Science Research Center at Mississippi State University shall provide staff to assist the task force in carrying out its duties required by this section.
(5) This section shall stand repealed on July 1, 2017.
SECTION 2. Section 45-27-7, Mississippi Code of 1972, is amended as follows:
45-27-7. (1) The Mississippi Justice Information Center shall:
(a) Develop, operate and maintain an information system which will support the collection, storage, retrieval and dissemination of all data described in this chapter, consistent with those principles of scope, security and responsiveness prescribed by this chapter.
(b) Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards and related training assistance necessary for the uniform operation of the statewide center.
(c) Offer assistance and, when practicable, instruction to all local law enforcement agencies in establishing efficient local records systems.
(d) Make available, upon request, to all local and state criminal justice agencies, to all federal criminal justice agencies and to criminal justice agencies in other states any information in the files of the center which will aid such agencies in the performance of their official duties. For this purpose the center shall operate on a twenty-four-hour basis, seven (7) days a week. Such information, when authorized by the director of the center, may also be made available to any other agency of this state or any political subdivision thereof and to any federal agency, upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders.
(e) Cooperate with other agencies of this state, the crime information agencies of other states, and the national crime information center systems of the Federal Bureau of Investigation in developing and conducting an interstate, national and international system of criminal identification and records.
(f) Make available, upon request, to nongovernmental entities or employers certain information for noncriminal justice purposes as specified in Section 45-27-12.
(g) Institute necessary measures in the design, implementation and continued operation of the justice information system to ensure the privacy and security of the system. Such measures shall include establishing complete control over use of and access to the system and restricting its integral resources and facilities and those either possessed or procured and controlled by criminal justice agencies. Such security measures must meet standards developed by the center as well as those set by the nationally operated systems for interstate sharing of information.
(h) Provide data processing for files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property and such other files as may be of general assistance to law enforcement agencies; provided, however, that the purchase, lease, rental or acquisition in any manner of "computer equipment or services," as defined in Section 25-53-3, Mississippi Code of 1972, shall be subject to the approval of the Mississippi Information Technology Services.
(i) Maintain a field coordination and support unit which shall have all the power conferred by law upon any peace officer of this state.
(j) Coordinate standardization of reporting and flow of information between all judges, clerks, prosecutors and law enforcement agencies involved in the arrest, prosecution and conviction of DUI offenders and DUI repeat offenders.
(2) The department, including the investigative division or the center, may:
(a) Obtain and store fingerprints, descriptions, photographs and any other pertinent identifying data from crime scenes and on persons who:
(i) Have been or are hereafter arrested or taken into custody in this state:
1. For an offense which is a felony;
2. For an offense which is a misdemeanor;
3. As a fugitive from justice; or
(ii) Are or become habitual offenders; or
(iii) Are currently or become confined to any prison, penitentiary or other penal institution; or
(iv) Are unidentified human corpses found in the state; or
(v) Have submitted fingerprints for conducting criminal history record checks.
(b) Compare all fingerprint and other identifying data received with that already on file and determine whether or not a criminal record is found for such person, and at once inform the requesting agency or arresting officer of those facts that may be disseminated consistent with applicable security and privacy laws and regulations. A record shall be maintained for a minimum of one (1) year of the dissemination of each individual criminal history, including at least the date and recipient of such information.
(c) Establish procedures to respond to those individuals who file requests to review their own records, pursuant to Sections 45-27-11 and 45-27-12, and to cooperate in the correction of the central center records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of an individual.
(d) Retain in the system the fingerprints of all law enforcement officers and part-time law enforcement officers, as those terms are defined in Section 45-6-3, and of all applicants to law enforcement agencies.
(3) There shall be a presumption that a copy of any document submitted to the center in accordance with the provisions of Section 45-27-9 that has been processed as set forth in this chapter and subsequently certified and provided by the center to a law enforcement agency or a court shall be admissible in any proceeding without further authentication unless a person objecting to that admissibility has successfully challenged the document under the provisions of Section 45-27-11.
SECTION 3. Section 63-1-52, Mississippi Code of 1972, is amended as follows:
63-1-52. (1) Whenever the Commissioner of Public Safety suspends, cancels or revokes the driver's license or driving privileges of any person, notice of the suspension, cancellation or revocation shall be given to such person by the commissioner, or his duly authorized agent, in the manner provided in subsection (2) of this section and at the time provided in subsection (3) of this section or in the manner and at the time provided in subsection (4) of this section.
(2) Notice shall be given in the following manner:
(a) In writing, (i) by
United States Certificate of Mail; or (ii) by personal service at the person's
address as it appears on the driving record maintained by the Department of
Public Safety or at the person's last-known address; or (iii) by
personal notice being given by any law enforcement officer of this state or any
duly authorized agent of the Commissioner of Public Safety on forms prescribed
and furnished by the Commissioner of Public Safety; whenever a person's driver's
license or driving privileges are suspended, revoked or cancelled in accordance
with the Mississippi Driver License Compact Law, the Mississippi Implied
Consent Law, the Mississippi Motor Vehicle Safety Responsibility Law or * * * subsection (2)(c), (2)(d),
(2)(e) or (2)(f) of Section 63-1-53.
(b) In writing, by
United States first class mail, whenever a person's driver's license or driving
privileges are suspended, revoked or cancelled in accordance with the
Mississippi Commercial Driver's License Law, the Youth Court Law, Chapter 23 of
Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, * * * subsection (2)(g), (2)(h) or
(2)(i) of Section 63-1-53 or Section 63-9-25.
(3) Notice shall be given at the following time:
(a) Before suspension,
revocation or cancellation, whenever a person's driver's license or driving
privileges are suspended, revoked or cancelled in accordance with the
Mississippi Driver License Compact Law, the Mississippi Motor Vehicle Safety Responsibility
Law or * * *
subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53.
(b) Unless otherwise
specifically provided for by law, at the time of suspension, revocation or
cancellation, whenever a person's driver's license or driving privileges are
suspended, revoked or cancelled in accordance with the Mississippi Commercial
Driver's License Law, the Mississippi Implied Consent Law, the Youth Court Law,
Chapter 23 of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, * * * subsection (2)(g), (2)(h) or
(2)(i) of Section 63-1-53 or Section 63-9-25.
(4) Whenever the
Commissioner of Public Safety suspends, revokes or cancels the driver's license
or driving privileges of any person in accordance with some provision of law
other than a provision of law referred to in subsections (2) and (3) of this
section, and the manner and time for giving notice is not provided for in such
law, then notice of such suspension, revocation or cancellation shall be given
in the manner and at the time provided for under * * * subsections (2)(b) and (3)(b)
of this section.
(5) The commissioner shall ensure that access to driver records is available in all cases in order to facilitate the efficient administration of justice, particularly as it affects enhanced penalties for repeat DUI offenders.
SECTION 4. Section 63-11-37, Mississippi Code of 1972, is amended as follows:
63-11-37. (1) It
shall be the duty of the * * *trial judge clerk of the trial court, upon conviction
of * * * a
person under Section 63-11-30, to mail or otherwise deliver in a method
prescribed by the commissioner a true and correct copy of the traffic
ticket, citation or affidavit evidencing the arrest that resulted in the
conviction and a certified copy of the abstract of the court record
within five (5) days to the Commissioner of Public Safety at Jackson,
Mississippi. The trial judge in municipal and justice courts shall show on the
docket and the trial judge in courts of record shall show on the minutes:
(a) Whether * * * a chemical test was given and the
results of the test, if any;
(b) * * * Whether conviction was based in
whole or in part on the results of such a test.
(2) (a) The abstract of the court record shall show the date of the conviction, the results of the test if there was one, and the penalty, so that a record of same may be made by the Department of Public Safety.
(b) The department is the custodian of records of conviction for violations of this chapter, and the record maintained by the department of a person's arrests and convictions, when certified by the department, is a self-authenticating record.
(3) For the purposes of Section 63-11-30, a bond forfeiture shall operate as and be considered as a conviction.
(4) A trial court clerk who fails to provide a true and correct copy of the traffic ticket, citation or affidavit evidencing the arrest that resulted in the conviction and a copy of the abstract of the court record within five (5) days as required in subsection (1) of this section is guilty of a civil violation and shall be fined One Hundred Dollars ($100.00), for which civil fine the clerk bears sole and personal responsibility. Each instance of failure is a separate violation.
SECTION 5. This act shall take effect and be in force from and after its passage.
