Mississippi SB 2721: Driver's license suspension; revise.

Bill Text

SB2721 (As Introduced) - 2019 Regular Session 

MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary, Division A

By: Senator(s) Barnett, Blackmon

Senate Bill 2721

AN ACT TO AMEND SECTION 63-1-51, MISSISSIPPI CODE OF 1972, 
TO ELIMINATE THE OFFENSE OF CONTEMPT FOR FAILURE TO PAY A FINE OR FEE OR 
FAILURE TO RESPOND TO A SUMMONS OR CITATION RELATING TO A TRAFFIC OFFENSE AS A 
GROUND FOR REVOKING A DRIVER'S LICENSE; TO AMEND SECTION 63-1-52, MISSISSIPPI 
CODE OF 1972, TO CONFORM TO THE OTHER PROVISIONS OF THIS ACT; TO AMEND SECTION 
63-1-53, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AFTER CERTAIN NOTICE IS 
GIVEN TO A PERSON WHO FAILS TO TIMELY PAY ANY FINES, FEES AND ASSESSMENTS 
RELATING TO A TRAFFIC OFFENSE WITHIN 90 DAYS OF RECEIVING THE NOTICE, THE 
PERSON IS SUBJECT TO DEBT COLLECTION BY THE COURT RATHER THAN FACING LICENSE 
SUSPENSION; TO AMEND SECTION 63-1-71, MISSISSIPPI CODE OF 1972, TO REMOVE THE 
REQUIREMENT THAT A LICENSE BE SUSPENDED FOR A CONTROLLED SUBSTANCE VIOLATION 
THAT IS UNRELATED TO OPERATION OF A MOTOR VEHICLE; 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 * * *;.

 * * *� (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 
63-1-52, 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 Mail; 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 Com