Bill Text: MS HB1358 | 2015 | Regular Session | Introduced

Mississippi House Bill 1358 (Prior Session Legislation)

Introduced

Bill Title: Texting; prohibit while driving and make civil offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-02-03 - Died In Committee [HB1358 Detail]

Download: Mississippi-2015-HB1358-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Transportation; Judiciary B

By: Representative Horan

House Bill 1358

AN ACT TO PROHIBIT PERSONS FROM OPERATING A MOTOR VEHICLE WHILE USING A HAND-HELD MOBILE TELEPHONE TO WRITE, SEND OR READ A TEXT MESSAGE AND FROM USING A SOCIAL NETWORKING SITE WHILE THE MOTOR VEHICLE IS MOVING; TO PROVIDE A VIOLATION IS A CIVIL VIOLATION WITH A CIVIL PENALTY OF ONE HUNDRED DOLLARS; TO REPEAL SECTION 63-1-73, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS TEXTING WHILE DRIVING UNDER CERTAIN LICENSES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For purposes of this section, the following terms shall have the meanings ascribed in this subsection, unless the context clearly indicates otherwise:

(a) "Hand-held mobile telephone" means a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends or reads a text message using at least one (1) hand. The term "hand-held mobile telephone" does not include a voice-operated or hand-free device;

(b) "Motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways;

(c) "Social networking site" means any web-based service that allows individuals to construct a profile within a founded system, articulate a list of other users with whom they share a connection, and communicate with other users of the site;

(d) "Text message" includes a text-based message, instant message, electronic message, and e-mail, but shall not include an emergency, traffic or weather alert or a message related to the operation or navigation of the motor vehicle;

(e) "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; and

(f) "Writing," "sending" and "reading," with respect to a text message, mean the manual entry, sending, or retrieval of a text message, respectively, to communicate with any person or device.

(2) An operator of a moving motor vehicle is prohibited from writing, sending or reading a text message and from accessing, reading or posting to a social networking site using a hand-held mobile telephone.

(3) A violation of this section is a civil violation, and upon being found in violation, is punishable by a civil penalty of Twenty-five Dollars ($25.00) for violations committed until July 1, 2015, and One Hundred Dollars ($100.00) for violations committed from and after July 1, 2016. The state assessments under Section 99-19-73, shall not be imposed and collected for a violation under this section.

SECTION 2. Section 63-1-73, Mississippi Code of 1972, which prohibits texting while driving under certain licenses, is repealed.

SECTION 3. This act shall take effect and be in force from and after July 1, 2015.