Bill Text: MS HB840 | 2011 | Regular Session | Introduced

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Bill Title: Cellular telephone; prohibit any driver from sending or receiving written messages on and impose $25.00 for.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-02-01 - Died In Committee [HB840 Detail]

Download: Mississippi-2011-HB840-Introduced.html

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MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Transportation

By: Representative Nicholson

House Bill 840

AN ACT TO AMEND SECTION 63-1-73, MISSISSIPPI CODE OF 1972, TO PROHIBIT ANY DRIVER FROM SENDING OR RECEIVING WRITTEN MESSAGES WHILE DRIVING; TO PROVIDE THAT THE FINE FOR A VIOLATION OF THIS ACT SHALL BE TWENTY-FIVE DOLLARS; TO PROVIDE THAT A VIOLATION OF THIS ACT SHALL NOT BE ENTERED ON THE DRIVING RECORD OF ANY INDIVIDUAL SO CONVICTED, NOR SHALL ANY STATE ASSESSMENT PROVIDED FOR BY SECTION 99-19-73, OR ANY OTHER STATE LAW, BE IMPOSED OR COLLECTED; 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)  For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:

          (a)  "Cellular telephone" means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radiophones.

          (b)  "Personal digital assistant" means a wireless electronic communication device that provides for data communication other than by voice.

     (2)  A person * * * shall not operate a motor vehicle on a highway while using a cellular telephone or a personal digital assistant to send or receive a written message while the motor vehicle is in motion.

     (3)  This section does not apply to any of the following:

          (a)  When the person is reporting reckless or negligent behavior;

          (b)  When the person believes that he or another person is in physical danger, but only if that person is the driver of, and sole occupant in, the motor vehicle;

          (c)  The sending or receiving of a written message while the vehicle is parked; and

          (d)  The use of a cellular telephone or a personal digital assistant for the sole purpose of communicating with any of the following regarding an emergency situation:

              (i)  An emergency response operator.

              (ii)  A hospital, physician's office or health clinic.

              (iii)  A provider of ambulance services.

              (iv)  A provider of firefighting services.

              (v)  A law enforcement agency.

     (4)  * * * A violation of this section is a misdemeanor, and upon conviction, is punishable by a fine of Twenty-five Dollars ($25.00).

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     (5)  A violation of this section shall not be entered on the driving record of any individual so convicted, nor shall any state assessment provided for by Section 99-19-73, or any other state law, be imposed or collected.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.

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