Bill Text: MS HB767 | 2012 | Regular Session | Introduced
Bill Title: Implied consent law; delete requirement that chemical analysis machines be tested and certified.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-15 - Failed [HB767 Detail]
Download: Mississippi-2012-HB767-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary B
By: Representative Beckett
House Bill 767
AN ACT TO AMEND SECTION 63-11-19, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT METHODS, MACHINES OR DEVICES USED IN CHEMICAL ANALYSIS BE TESTED AND CERTIFIED PERIODICALLY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-11-19, Mississippi Code of 1972, is amended as follows:
63-11-19. A chemical analysis of the person's breath, blood or urine, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the State Crime Laboratory created pursuant to Section 45-1-17 and the Commissioner of Public Safety and performed by an individual possessing a valid permit issued by the State Crime Laboratory for making such analysis. The State Crime Laboratory and the Commissioner of Public Safety are authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the State Crime Laboratory. The State Crime Laboratory shall not approve the permit required herein for any law enforcement officer other than a member of the State Highway Patrol, a sheriff or his deputies, a city policeman, an officer of a state-supported institution of higher learning campus police force, a security officer appointed and commissioned pursuant to the Pearl River Valley Water Supply District Security Officer Law of 1978, a national park ranger, a national park ranger technician, a military policeman stationed at a United States military base located within this state other than a military policeman of the Army or Air National Guard or of Reserve Units of the Army, Air Force, Navy or Marine Corps, a marine law enforcement officer employed by the Department of Marine Resources, or a conservation officer employed by the Mississippi Department of Wildlife, Fisheries and Parks. The permit given a marine law enforcement officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7. The permit given a conservation officer shall authorize such officer to administer tests only for violations of Sections 59-23-1 through 59-23-7 and for hunting related incidents resulting in injury or death to any person by discharge of a weapon as provided under Section 49-4-31.
* * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2012.
