Bill Text: MS HB1489 | 2010 | Regular Session | Introduced
Bill Title: ATV Alcohol Safety Act; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1489 Detail]
Download: Mississippi-2010-HB1489-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Wildlife, Fisheries and Parks
By: Representative Clark (By Request)
House Bill 1489
AN ACT TO CREATE THE ATV ALCOHOL SAFETY ACT; TO CREATE DEFINITIONS; TO SPECIFY CONSENT TO CHEMICAL OR BREATH TESTS BY CERTAIN PERSONS WHEN OPERATING AN ATV; TO REQUIRE ADVISEMENT OF THE EFFECT OF REFUSAL; TO REQUIRE A UNIFORM CITATION FORM; TO CREATE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 49-1-65, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE INCLUSION OF SAFETY COURSES ON ALCOHOL, ALL TERRAIN VEHICLE AND BOATING SAFETY WITH EXISTING HUNTER EDUCATION COURSES; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO IMPOSE A $50.00 STATEWIDE MONETARY ASSESSMENT ON VIOLATIONS OF THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section shall be known and may be cited as the "ATV Alcohol Safety Act."
(2) For the purposes of this section, the following terms shall have the following meanings unless the context clearly requires otherwise:
(a) "ATV" or "all-terrain vehicle" means any motorized vehicle manufactured and designed exclusively for off-road use that is fifty (50) inches or less in width, has an unladen dry weight of six hundred (600) pounds or less, travels on three (3), four (4) or more low-pressure tires, has a seat designed to be straddled by the operator, and uses handlebars for steering control.
(b) "Chemical test" means an analysis of a person's blood, breath, urine or other bodily substance for the determination of the presence of alcohol or any other substance which may impair a person's mental or physical ability.
(c) "Department" means Mississippi Department of Wildlife, Fisheries and Parks.
(d) "Executive director" means the chief officer of the department.
(e) "Intoxicated" means under the influence of alcohol or any combination of alcohol, controlled substance or drugs, so that there is impaired thought and action and loss of normal control of a person's faculties to such an extent as to endanger any person.
(f) "Law enforcement officer" means an officer described in Section 63-11-19 and includes a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks.
(g) "Prima facie evidence of intoxication" includes evidence that at the time of an alleged violation there was eight one-hundredths percent (.08%) or more by weight of alcohol in the person's blood.
(3) (a) A person who operates an ATV shall be deemed to have given consent to submit to a chemical test or test of his breath for the purpose of determining the alcohol content of his blood, as a condition of operating the ATV on public lands or any public street or highway in this state.
(b) A law enforcement officer who has probable cause to believe that a person has committed an offense under this section shall offer the person the opportunity to submit to a chemical test. It is not necessary for the law enforcement officer to offer a chemical test to an unconscious person. A law enforcement officer may offer a person more than one (1) chemical test under this section. However, all tests must be administered within three (3) hours after the officer has probable cause to believe the person violated this section. If a person refuses to submit to a chemical test under this section, the person shall be informed by the law enforcement officer that the refusal to submit to the test shall subject him to arrest and punishment consistent with the penalties prescribed in subsection (5) for persons submitting to the test, and that the court shall order the person not to operate an ATV for at least one (1) year.
(c) If the chemical test results in prima facie evidence that the person is intoxicated, he shall immediately be arrested.
(d) (i) The law enforcement officer arresting a person pursuant to the provisions of this chapter shall inform the person arrested that:
1. The person arrested has the right to be represented by legal counsel;
2. The person arrested may waive the right to be represented by legal counsel; and
3. The charge for which the person is being arrested may be used against him, upon conviction, for purposes of receiving an enhanced penalty as provided in subsection (5).
(ii) The citation or affidavit which is issued to the person arrested shall be uniform throughout all jurisdictions in the State of Mississippi and shall contain a place for the arresting official to sign, stating that he has advised the person arrested of the information contained in subparagraph (i) of this paragraph. The judge hearing the case or accepting the guilty plea, as the case may be, shall sign in a place provided on the citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been advised pursuant to subparagraph (i) of this paragraph. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the citation or affidavit.
(iii) The Mississippi Department of Wildlife, Fisheries and Parks shall prepare and furnish, no later than October 1, 2010, to all jurisdictions in the State of Mississippi a uniform citation form consistent with this section, which shall be used in all jurisdictions in the State of Mississippi.
(e) The Mississippi Department of Wildlife, Fisheries and Parks shall notify, by whatever means it deems appropriate, all law enforcement officers who are authorized to enforce the provisions of this section of their obligation to provide the information and execute the citation or affidavit, as described in subparagraphs (i) and (ii) of this paragraph.
(4) It is unlawful for any person to operate an ATV on public lands or any public street or highway who:
(a) Is under the influence of intoxicating liquor;
(b) Is under the influence of any other substance which has impaired the person's ability to operate an ATV; or
(c) Has eight one-hundredths percent (.08%) or more by weight volume of alcohol in the person's blood based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this section.
(5) (a) Upon conviction of any person for the offense of violating subsection (4) of this section where chemical tests provided for under subsection (3) were given, or where chemical test results are not available, the person shall be fined not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00) or required to complete one (1) week of community service, or both; and the court shall order the person to attend and complete an alcohol safety education course developed by the Department of Wildlife, Fisheries and Parks.
(b) Any person convicted of operating any ATV in violation of subsection (4) of this section where the person (i) refused a law enforcement officer's request to submit to a chemical test, or (ii) was unconscious at the time of a chemical test and refused to consent to the introduction of the results of such test in any prosecution, shall be punished consistent with the penalties prescribed herein for persons submitting to the test.
(c) Any person who operates any ATV in violation of the provisions of subsection (4) of this section and who in a negligent manner causes the death of another, upon conviction, shall be guilty of a felony and shall be committed to the custody of the Department of Corrections for a period of time not to exceed ten (10) years.
(d) Upon conviction of any violation of subsection (4) of this section, the judge shall cause a copy of the citation and any other pertinent documents concerning the conviction to be sent immediately to the Mississippi Department of Wildlife, Fisheries and Parks. A copy of the citation or other pertinent documents, having been attested as true and correct by the Director of the Mississippi Department of Wildlife, Fisheries and Parks, 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 (4) of this section.
SECTION 2. Section 49-1-65, Mississippi Code of 1972, is amended as follows:
49-1-65. Any assessments collected under * * * Section 99-19-73 that are designated for the Hunter Education and Training Program Fund shall be deposited in a special fund hereby created in the State Treasury and designated the "Hunter Education and Training Program Fund," which shall be expended to defray the expenses of the program as authorized and appropriated by the Legislature. Monies in the fund shall also be expended to provide the boating safety education course required by Section 59-23-7 and the alcohol safety education course required by Section 1 of this act. In addition, the Legislature shall annually appropriate from the General Fund a sum to defray the necessary expenses of the programs.
SECTION 3. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)................... 6.00
Emergency Medical Services Operating Fund.......... 20.00
Mississippi Leadership Council on Aging Fund....... 1.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................ 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
TOTAL STATE ASSESSMENT............................. $ 77.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Driver Training Penalty Assessment Fund............ 22.00
Law Enforcement Officers Training Fund............. 11.00
Emergency Medical Services Operating Fund.......... 45.00
Mississippi Alcohol Safety Education Program Fund.. 5.00
Federal-State Alcohol Program Fund................. 10.00
Mississippi Crime Laboratory
Implied Consent Law Fund...................... 25.00
Spinal Cord and Head Injury Trust Fund............. 25.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 35.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Statewide Victims' Information and Notification
System Fund................................... 6.00
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
TOTAL STATE ASSESSMENT............................. $232.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 2.00
Law Enforcement Officers Training Fund............. 5.00
Hunter Education and Training Program Fund......... 5.00
State General Fund................................. 30.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
TOTAL STATE ASSESSMENT............................. $ 77.00
(4) Litter Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-15-29 or 97-15-30:
FUND AMOUNT
Statewide Litter Prevention Fund................. $25.00
TOTAL STATE ASSESSMENT........................... $25.00
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by at least ten (10) miles per hour but not more than twenty (20) miles per hour......................................................... $10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more.............................. $30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00
All assessments collected under this subsection shall be deposited into the Mississippi Trauma Care Systems Fund established under Section 41-59-75.
(6) (a) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 30.00
State Crime Stoppers Fund.......................... 1.50
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 8.00
Judicial Performance Fund.......................... 2.00
Statewide Victims' Information and Notification
System Fund................................... 6.00
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
Information Exchange Network Fund.................. 4.00
TOTAL STATE ASSESSMENT............................. $ 95.00
(b) ATV operating violations. In addition to any assessment imposed under this subsection (6), there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of Section 1 of House Bill No. ____, 2010 Regular Session:
Hunter Education and Training Program Fund....... $50.00
TOTAL STATE ASSESSMENT........................... $50.00
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 2.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Fund....................... 2.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 60.00
Criminal Justice Fund.............................. 50.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund........................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Statewide Victims' Information and Notification
System Fund................................... 6.00
Public Defenders Education Fund.................... 1.00
Domestic Violence Training Fund.................... 1.00
Attorney General's Cyber-Crime Unit................ 1.00
TOTAL STATE ASSESSMENT............................. $169.50
(8) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(9) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.
(10) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.
(11) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 4. This act shall take effect and be in force from and after October 1, 2010.
