Bill Text: MS HB445 | 2024 | Regular Session | Comm Sub
Bill Title: Driver's license; restore ability to suspend for certain traffic violations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-14 - Died On Calendar [HB445 Detail]
Download: Mississippi-2024-HB445-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary B
By: Representative Newman
House Bill 445
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTIONS 63-1-51, 63-1-53, 63-1-52, 63-1-71 AND 63-1-46, MISSISSIPPI CODE OF 1972, TO RESTORE THE ABILITY TO SUSPEND DRIVER'S LICENSE FOR CERTAIN TRAFFIC VIOLATIONS AS SUCH LAWS PROVIDED FOR PRIOR TO THE 2019 AMENDMENTS; TO AMEND SECTION 99-19-20, MISSISSIPPI CODE OF 1972, TO REVISE PAYMENTS OF FINES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-51, Mississippi Code of 1972, is amended as follows:
63-1-51. (1) It shall be the duty of the court clerk, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final:
(a) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(b) Any felony in the commission of which a motor vehicle is used;
(c) Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another;
(d) Perjury or the
willful making of a false affidavit or statement under oath to the department
under this article or under any other law relating to the ownership or
operation of motor vehicles; * * *
(e) Conviction, or
forfeiture of bail not vacated, upon three (3) charges of reckless driving
committed within a period of twelve (12) months * * *; or
(f) Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title.
(2) The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law.
(3) In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 2. Section 63-1-53, Mississippi Code of 1972, is amended as follows:
63-1-53. (1) Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of this title, or upon failure of any person to pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to such person by United States first-class mail at his last known address advising such person that, if within ninety (90) days after such notice is deposited in the mail, the person has not properly responded to the summons or citation or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of Public Safety and the commissioner may suspend the driver's license of such person. The actual cost incurred by the court in the giving of such notice may be added to any other court costs assessed in such case. If within ninety (90) days after the notice is given in accordance with this subsection such person has not satisfactorily disposed of the matter pending before the court, then the clerk of the court immediately shall mail a copy of the abstract of the court record, along with a certified copy of the notice given under this subsection, to the commissioner, and the commissioner may suspend the driver's license of such person as authorized under subsections (2) and (3) of this section, and pursue collection as for any other delinquent payment, and shall be entitled to collection of all additional fees in accordance with subsection (4) of this section.
(2) The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law;
* * *
( * * *b) Is * * * a habitually reckless or negligent
driver of a motor vehicle;
( * * *c) Has been convicted with such frequency
of serious offenses against traffic regulations governing the movement of
vehicles as to indicate a disrespect for traffic laws and a disregard for the
safety of other persons on the highways;
( * * *d) Is incompetent to drive a motor
vehicle;
( * * *e) Has permitted an unlawful or
fraudulent use of such license;
( * * *f) Has committed an offense in another
state which if committed in this state would be grounds for suspension or
revocation; * * *
(g) Has failed to pay any fine, fee or other assessment levied as a result of any violation of this title;
(h) Has failed to respond to a summons or citation which charged a violation of this title; or
( * * *i) Has committed a violation for which
mandatory revocation of license is required upon conviction, entering a plea of
nolo contendere to, or adjudication of delinquency, pursuant to the provisions
of subsection (1) of Section 63-1-71.
(3) Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practicable, but not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.
(4) (a) If a licensee has not paid all cash appearance bonds authorized under Section 99-19-3 or all fines, fees or other assessments levied as a result of a violation of this title within ninety (90) days after receiving notice of the licensee's failure to pay all fines, fees or other assessments as provided in subsection (1) of this section and after the commissioner has suspended the license of a person under subsection (2)(i) of this section, the court is authorized to pursue collection under Section 21-17-1(6) or 19-3-41(2) as for any other delinquent payment, and shall be entitled to collection of all additional fees authorized under those sections.
(b) Periods of confinement imposed for nonpayment of fines, fees or other assessments shall run concurrently with the offense for which the person is confined, if such offense or offenses occurred from a common nucleus of operative facts and on the same date as the offense for which the person is confined.
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 Mailing; 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) Whenever the Commissioner of Public Safety suspends, revokes or cancels the driver's license or driving privileges of any person who is confined as a result of a violation of this title, the Commissioner shall return the person's driver's license upon completion of all terms and condition of such confinement.
SECTION 4. Section 63-1-71, Mississippi Code of 1972, is amended as follows:
63-1-71. (1) In addition to any penalty authorized by the Uniform Controlled Substances Law or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, every person convicted of, or entering a plea of nolo contendere to, or adjudicated delinquent in a court of this state for a violation of any offense defined in the Uniform Controlled Substances Law, and every person convicted of, or entering a plea of nolo contendere to, or adjudicated delinquent under the laws of the United States, another state, a territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico of a violation for the use, distribution, possession, manufacture, sale, barter, transfer or dispensing of a "controlled substance," "counterfeit substance," "narcotic drug" or "drug," as such terms are defined under Section 41-29-105, shall forthwith forfeit his right to operate a motor vehicle over the highways of this state for a period of six (6) months. Notwithstanding the provisions of Section 63-11-30(3) and in addition to any penalty authorized by the Uniform Controlled Substances Law or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, every person convicted of driving under the influence of a controlled substance, or entering a plea of nolo contendere thereto, or adjudicated delinquent therefor, in a court of this state, and every person convicted of driving under the influence of a controlled substance, or entering a plea of nolo contendere thereto, or adjudicated delinquent therefor, under the laws of the United States, another state, a territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, shall forthwith forfeit his right to operate a motor vehicle over the highways of this state for a period of not less than six (6) months. In the case of any person who at the time of the imposition of sentence does not have a driver's license or is less than sixteen (16) years of age, the period of the suspension of driving privileges authorized herein shall commence on the day the sentence is imposed and shall run for a period of not less than six (6) months after the day the person obtains a driver's license or reaches the age of sixteen (16). If the driving privilege of any person is under revocation or suspension at the time of any conviction or adjudication of delinquency for driving under the influence of a controlled substance in violation of any offense defined in the Uniform Controlled Substances Law, the revocation or suspension period imposed herein shall commence as of the date of termination of the existing revocation or suspension.
(2) The court in this state before whom any person is convicted of or adjudicated delinquent for driving under the influence of a controlled substance in violation of an offense under subsection (1) of this section shall collect forthwith the Mississippi driver's license of the person and forward such license to the Department of Public Safety along with a report indicating the first and last day of the suspension or revocation period imposed pursuant to this section. If the court is for any reason unable to collect the license of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the Commissioner of Public Safety. That report shall include the complete name, address, date of birth, eye color and sex of the person and shall indicate the first and last day of the suspension or revocation period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or revocation imposed pursuant to this section, the person shall, upon conviction, be subject to the penalties set forth in Section 63-11-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of Section 63-11-40. If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license but shall notify forthwith the Commissioner of Public Safety who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's nonresident driving privilege in this state.
(3) The county court or circuit court having jurisdiction, on petition, may reduce the suspension of driving privileges under this section if the suspension would constitute a hardship on the offender. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Twenty Dollars ($20.00) for each year, or portion thereof, of license revocation or suspension remaining under the original sentence, 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.
SECTION 5. Section 63-1-46, Mississippi Code of 1972, is amended as follows:
63-1-46. (1) (a) Except as otherwise provided in this section, a fee of One Hundred Dollars ($100.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended, revoked or cancelled.
(b) The funds received under the provisions of this subsection shall be distributed as follows:
(i) Twenty-five Dollars ($25.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;
(ii) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7;
(iii) Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol; and
(iv) Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33.
(2) (a) A fee of One Hundred Seventy-five Dollars ($175.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.
(b) The funds received under the provisions of this subsection shall be distributed as follows:
(i) One Hundred Dollars ($100.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;
(ii) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7;
(iii) Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol; and
(iv) Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33.
(3) (a) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended for nonpayment of child support under the provisions of Sections 93-11-151 through 93-11-163. The funds received under the provisions of this subsection shall be deposited into the State General Fund in accordance with Section 45-1-23.
(b) The procedure for the reinstatement of a license issued under this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(4) A fee of Twenty-five Dollars ($25.00) will be charged for the reinstatement of a license that was suspended due to payment by a draft or other instrument that is dishonored by the payor.
(5) All reinstatement fees charged under this section shall be in addition to the fees prescribed in Section 63-1-43.
SECTION 6. Section 99-19-20, Mississippi Code of 1972, is amended as follows:
99-19-20. (1) Except as otherwise provided under Section 99-19-20.1, when any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments to the clerk of the court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.
(2) Except as otherwise provided under Section 99-19-20.1, the defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations provided under this section. The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds, except if the defendant is financially unable to pay a fine and such defendant failed or refused to comply with a prior sentence as specified in subsection (1) of this section, the defendant may be imprisoned.
This subsection shall be limited as follows:
(a) In no event shall such period of imprisonment exceed one (1) day for each One Hundred Dollars ($100.00) of the fine.
(b) If a sentence of imprisonment, as well as a fine, were imposed, the aggregate of such term for nonpayment of a fine and the original sentence of imprisonment shall not exceed the maximum authorized term of imprisonment.
(c) It shall be in the discretion of the judge to determine the rate of the credit to be earned for work performed under subsection (1)(d), but the rate shall be no lower than the rate of the highest current federal minimum wage.
(3) (a) Periods of
confinement imposed for nonpayment of two (2) or more fines * * * may run consecutively unless
specified by the court to run concurrently.
SECTION 7. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.
