Bill Text: MS HB707 | 2013 | Regular Session | Introduced
Bill Title: Wireless communication devices; prohibit writing, sending or reading a written communication while operating a moving motor vehicle.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB707 Detail]
Download: Mississippi-2013-HB707-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary B; Transportation
By: Representative Mayo
House Bill 707
AN ACT TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF WIRELESS COMMUNICATION DEVICES TO ENGAGE IN WRITING, SENDING OR READING A WRITTEN COMMUNICATION BY A PERSON OPERATING A MOTOR VEHICLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-73, Mississippi Code of 1972, is amended as follows:
63-1-73. (1) (a) Any operator of a moving motor vehicle on a public road, street or highway of this state is prohibited from writing, sending or reading a written communication using a wireless communication device.
(b) A person shall not use a wireless communication device while operating a passenger bus with a minor passenger on the bus, except for an emergency or, in the case of a school bus driver, for official school business or in an emergency.
( * * *2) For purposes of this section, the
following terms shall have the meanings ascribed in this subsection, unless the
context clearly indicates otherwise:
(a) * * *
"Wireless communication device" means a wireless telephone, a text
messaging device, a personal digital assistant, a laptop or any other
substantially similar communications device that is readily removable from the
vehicle and is used to write, send or read text or data through manual input.
It shall not include:
(i) A device being used for global positioning or navigation services;
(ii) A system or device that is physically or electronically integrated into the vehicle;
(iii) Citizens band radios, Citizens band radio hybrids, commercial two-way radio communications devices or electronic communication devices with a push-to-talk function; or
(iv) A voice-operated or hands-free device.
(b) * * * "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.
( * * *c) * * * "Writing,"
"sending" and "reading" when regarding a written
communication, means the manual entry, sending or retrieval of a written
communication, including, but not limited to, a text message instant message or
electronic mail.
* * *
( * * *3) (a) A violation of this section is
a misdemeanor, and upon conviction, is punishable by a fine not to exceed * * * One Hundred
Dollars ($100.00) for a first offense and not to exceed One Hundred
Fifty Dollars ($150.00) for each sequence offense.
(b) If the person violates this section at the time that he is involved in a motor vehicle accident, then the violation is punishable by a fine not to exceed One Thousand Dollars ($1,000.00).
(c) A law enforcement
officer investigating a motor vehicle accident in which a person is cited for
violating subsection * * *
(1)(a) or (b) of this section shall indicate on the written accident
report the use of a wireless communication device in violation of this section
at the time of the accident.
(4) Subsection (1)(a) of this section does not apply to a person operating:
(a) A authorized emergency or law enforcement vehicle within the course and scope of his or her emergency or law enforcement duties; or
(b) A moving motor vehicle while using a wireless communications device to report illegal activity or summon medical or other emergency help.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.
