Mississippi 2023 Regular Session Status: Passed House 1 R cosponsors

HB 253 — DUI suspension; clarify how the 120 days are counted.

Last action — Died In Committee

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

910 added · 867 removed

Plain-language change summary

The updated version of Bill HB 253 adds a new penalty for individuals under the legal drinking age who are charged with aggravated DUI. This change emphasizes a stricter approach to tackling underage drinking and driving, aiming to enhance road safety. Additionally, the bill continues to reference existing regulations regarding ignition interlocks for DUI cases, ensuring a comprehensive approach to managing driving under the influence among all age groups. This amendment is significant because it aims to deter underage individuals from driving while intoxicated by imposing more severe consequences.

→
Previous
Latest
253 AN ACT TO AMEND SECTIONS 63-11-23 AND 63-11-30, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE 120-DAY SUSPENSION FOR DUI VIOLATIONS BEGINS ON THE DATE THE JUDGE SIGNS THE ORDER FOR SUSPENSION;
253 (As Passed the House) AN ACT TO AMEND SECTIONS 63-11-23 AND 63-11-30, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE 120-DAY SUSPENSION FOR DUI VIOLATIONS BEGINS ON THE DATE THE JUDGE SIGNS THE ORDER FOR SUSPENSION;
TO PROVIDE AN AGGRAVATED DUI PENALTY FOR PERSONS WHO ARE UNDER THE LEGAL AGE FOR PURCHASING ALCOHOLIC BEVERAGES;
(a) If upon review the Commissioner of Public Safety, or his authorized agent, finds (i) that the law enforcement officer had reasonable grounds and probable cause to believe the person had been operating a motor vehicle upon the public highways, public roads * * * or streets of this state while under the influence of intoxicating liquor or any other substance that may impair a person's mental or physical ability;
(a) If upon review the Commissioner of Public Safety, or his authorized agent, finds (i) that the law enforcement officer had reasonable grounds and probable cause to believe the person had been operating a motor vehicle upon the public highways, public roads * * * or streets of this state while under the influence of intoxicating liquor or any other substance that H.
(ii) that the H.
253 *HR26/R528* ~ OFFICIAL ~ G1/2 23/HR26/R528 PAGE 1 (GT\KW) person refused to submit to the chemical test of the person's breath, blood or urine upon request of the officer;
253 *HR26/R528PH* ~ OFFICIAL ~ G1/2 23/HR26/R528PH PAGE 1 (GT\KW) may impair a person's mental or physical ability;
(ii) that the person refused to submit to the chemical test of the person's breath, blood or urine upon request of the officer;
(a) If the chemical testing of a person's breath indicates the blood alcohol concentration was eight one-hundredths H.
(a) If the chemical testing of a person's breath H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 2(GT\KW) percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of the person's blood, breath, or urine, the arresting officer shall seize the license and give the driver a receipt for his license on forms prescribed by the Commissioner of Public Safety and shall promptly forward the license together with a sworn report to the Commissioner of Public Safety.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 2(GT\KW) indicates the blood alcohol concentration was eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of the person's blood, breath, or urine, the arresting officer shall seize the license and give the driver a receipt for his license on forms prescribed by the Commissioner of Public Safety and shall promptly forward the license together with a sworn report to the Commissioner of Public Safety.
(c) If a receipt or permit to drive issued under this subsection expires without a trial having been requested as H.
H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 3(GT\KW) provided in this subsection, then the Commissioner of Public Safety, or his authorized agent, shall suspend the license or permit to drive or any nonresident operating privilege for the applicable period of time as provided in subsection (1) of this section.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 3(GT\KW) (c) If a receipt or permit to drive issued under this subsection expires without a trial having been requested as provided in this subsection, then the Commissioner of Public Safety, or his authorized agent, shall suspend the license or permit to drive or any nonresident operating privilege for the applicable period of time as provided in subsection (1) of this section.
Unless the person obtains an interlock-restricted license or the court orders the person to exercise the privilege to operate a motor vehicle only under an interlock-restricted license or while participating in a court-ordered drug-testing program, thirty (30) days after receipt of the court abstract documenting a person's conviction under Section 63-11-30, the Department of Public Safety shall suspend H.
Unless the person obtains an interlock-restricted license or the court orders the person to exercise the privilege to operate a motor vehicle only under an interlock-restricted license or while participating in a court-ordered drug-testing program, thirty (30) days after receipt H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 4(GT\KW) the driver's license and privileges of the person to operate a motor vehicle as follows:
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 4(GT\KW) of the court abstract documenting a person's conviction under Section 63-11-30, the Department of Public Safety shall suspend the driver's license and privileges of the person to operate a motor vehicle as follows:
(iii) For a third offense occurring within five (5) years, suspend or deny the driving privilege for two (2) years H.
H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 5(GT\KW) or until the person reaches the age of twenty-one (21), whichever is longer.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 5(GT\KW) (iii) For a third offense occurring within five (5) years, suspend or deny the driving privilege for two (2) years or until the person reaches the age of twenty-one (21), whichever is longer.
(c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law;
H.
or H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 6(GT\KW) (d) Has an alcohol concentration in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath, as shown by a chemical analysis of the person's breath, blood or urine administered as authorized by this chapter, of:
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 6(GT\KW) (c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law;
or (d) Has an alcohol concentration in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath, as shown by a chemical analysis of the person's breath, blood or urine administered as authorized by this chapter, of:
the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) H.
the court shall H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 7(GT\KW) months of sentencing.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 7(GT\KW) order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of sentencing.
(ii) Suspension of commercial driving privileges is governed by Section 63-1-216.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 8(GT\KW) (iii) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 8(GT\KW) (ii) Suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.
(i) For any fourth or subsequent conviction of a violation of subsection (1) of this section, without regard to the time period within which the violations occurred, the person shall be guilty of a felony H.
(i) For any fourth or subsequent conviction of a violation of subsection (1) H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 9(GT\KW) and fined not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), and shall serve not less than two (2) years nor more than ten (10) years in the custody of the Department of Corrections.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 9(GT\KW) of this section, without regard to the time period within which the violations occurred, the person shall be guilty of a felony and fined not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), and shall serve not less than two (2) years nor more than ten (10) years in the custody of the Department of Corrections.
(3) Zero Tolerance for Minors.
H.
(a) This subsection shall be known and may be cited as Zero Tolerance for Minors.
The provisions of this subsection shall apply only when a person under H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 10(GT\KW) the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%).
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 10(GT\KW) (3) Zero Tolerance for Minors.
(a) This subsection shall be known and may be cited as Zero Tolerance for Minors.
The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%).
(d) A person under the age of twenty-one (21) years who is convicted of a third or subsequent violation of subsection (1) of this section, the offenses being committed within a period of H.
H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 11(GT\KW) five (5) years, shall be fined not more than One Thousand Dollars ($1,000.00).
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 11(GT\KW) (d) A person under the age of twenty-one (21) years who is convicted of a third or subsequent violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than One Thousand Dollars ($1,000.00).
(a) Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than H.
(a) (i) Except as otherwise provided in subparagraph (ii) of this paragraph (a), every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 12(GT\KW) five (5) years and not to exceed twenty-five (25) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 12(GT\KW) organ or member of another shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction.
(b) A holder of a commercial driver's license who is convicted of operating a commercial motor vehicle with an alcohol concentration of eight one-hundredths percent (.08%) or more shall be guilty of a felony and shall be committed to the custody of the Department of Corrections for not less than two (2) years and not more than ten (10) years.
(ii) Every person who is below the legal age to purchase alcoholic beverages under state law and has an alcohol concentration in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath, as shown by a chemical analysis of the person's breath, blood or urine administered as authorized by this chapter, of eight one-hundredths percent (0.08%) or more and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose of any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 13(GT\KW) injury and shall be committed to the custody of the State Department of Corrections for a period of time not less than five (5) years and not to exceed twenty-five (25) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction.
Any such person charged with causing the death of another as described in this subparagraph shall be required to post bail before being released after arrest.
Show all 199 changed rows (159 more)
Previous
Latest
Any person who was below the legal age to purchase alcoholic beverages under state law and was convicted before July 1, 2023, of aggravated DUI with a blood alcohol concentration as described in this subparagraph of less than eight one-hundredths percent (.08%), or who was charged before July 1, 2023, with aggravated DUI with a blood alcohol concentration as described in this subparagraph of less than eight one-hundredths percent (.08%) and convicted on or after July 1, 2023, shall upon petition to the sentencing court be granted a new trial pursuant to this subparagraph.
(b) A holder of a commercial driver's license who is convicted of operating a commercial motor vehicle with an alcohol concentration of eight one-hundredths percent (.08%) or more shall be guilty of a felony and shall be committed to the custody of the H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 14(GT\KW) Department of Corrections for not less than two (2) years and not more than ten (10) years.
(a) Upon conviction of a violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or H.
(a) Upon conviction of a violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised.
B.
No.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 13(GT\KW) waived his right to an attorney after having been properly advised.
(b) A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.
(b) A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of H.
The Department of Public Safety shall maintain a central database for verification of prior offenses and convictions.
(7) Out-of-state prior convictions.
Convictions in another state, territory or possession of the United States, or under the law of a federally recognized Native American tribe, of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring within five (5) years before an offense shall be counted for the purposes of determining if a violation of subsection (1) of this section is a second, third, fourth or H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 14(GT\KW) subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 15(GT\KW) determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.
The Department of Public Safety shall maintain a central database for verification of prior offenses and convictions.
(7) Out-of-state prior convictions.
Convictions in another state, territory or possession of the United States, or under the law of a federally recognized Native American tribe, of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring within five (5) years before an offense shall be counted for the purposes of determining if a violation of subsection (1) of this section is a second, third, fourth or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.
The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third, fourth or subsequent offense of this section.
The amount of fine and H.
(b) Before a defendant enters a plea of guilty to an offense under this section, law enforcement must submit certification to the prosecutor that the defendant's driving record, the confidential registry and National Crime Information Center record have been searched for all prior convictions, nonadjudications, pretrial diversions and arrests for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle.
The results of the search must be included in the certification.
H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 15(GT\KW) (9) License eligibility for underage offenders.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 16(GT\KW) imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third, fourth or subsequent offense of this section.
(b) Before a defendant enters a plea of guilty to an offense under this section, law enforcement must submit certification to the prosecutor that the defendant's driving record, the confidential registry and National Crime Information Center record have been searched for all prior convictions, nonadjudications, pretrial diversions and arrests for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle.
The results of the search must be included in the certification.
(9) License eligibility for underage offenders.
If the court orders installation and use of an ignition-interlock device as provided in Section 63-11-31 for every vehicle operated by a person convicted or nonadjudicated under this section, each device shall be installed, maintained and removed as provided in Section 63-11-31.
If the court orders installation and use of an ignition-interlock device as provided in Section H.
(12) DUI child endangerment.
A person over the age of twenty-one (21) who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle.
The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 16(GT\KW) section for the purposes of prosecution and sentencing.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 17(GT\KW) 63-11-31 for every vehicle operated by a person convicted or nonadjudicated under this section, each device shall be installed, maintained and removed as provided in Section 63-11-31.
(12) DUI child endangerment.
A person over the age of twenty-one (21) who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle.
The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing.
(b) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a second conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned for one (1) year, or both;
(b) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a second conviction shall be guilty of a misdemeanor H.
(c) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a third or subsequent conviction shall be guilty of a felony and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00) or shall be imprisoned for not less than one (1) year nor more than five (5) years, or both;
and (d) A person who commits a violation of this subsection which results in the serious injury or death of a child, without regard to whether the offense was a first, second, third or subsequent offense, shall be guilty of a felony and, upon H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 17(GT\KW) conviction, shall be punished by a fine of not less than Ten Thousand Dollars ($10,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 18(GT\KW) and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned for one (1) year, or both;
(c) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a third or subsequent conviction shall be guilty of a felony and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00) or shall be imprisoned for not less than one (1) year nor more than five (5) years, or both;
and (d) A person who commits a violation of this subsection which results in the serious injury or death of a child, without regard to whether the offense was a first, second, third or subsequent offense, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Ten Thousand Dollars ($10,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years.
(a) Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the conviction.
(a) Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 19(GT\KW) conviction.
and H.
and (vi) Who has not previously had a nonadjudication or expunction of a violation of this section.
B.
No.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 18(GT\KW) (vi) Who has not previously had a nonadjudication or expunction of a violation of this section.
(14) Nonadjudication.
(a) For the purposes of this chapter, "nonadjudication" means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial on the merits or upon the entry of a plea of guilt by a defendant, and places the defendant in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court under this subsection.
(b) A person is eligible for nonadjudication of an offense under this Section 63-11-30 only one (1) time under any provision of a law that authorizes nonadjudication and only for an offender:
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 19(GT\KW) (i) Who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program;
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 20(GT\KW) (14) Nonadjudication.
(a) For the purposes of this chapter, "nonadjudication" means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial on the merits or upon the entry of a plea of guilt by a defendant, and places the defendant in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court under this subsection.
(b) A person is eligible for nonadjudication of an offense under this Section 63-11-30 only one (1) time under any provision of a law that authorizes nonadjudication and only for an offender:
(i) Who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program;
the court may withhold adjudication of guilt, defer sentencing, and upon the agreement of the offender to participate in a nonadjudication program, enter an order imposing requirements on the offender for a period of court supervision before the order of nonadjudication is entered.
the court may withhold H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 21(GT\KW) adjudication of guilt, defer sentencing, and upon the agreement of the offender to participate in a nonadjudication program, enter an order imposing requirements on the offender for a period of court supervision before the order of nonadjudication is entered.
H.
1.
B.
No.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 20(GT\KW) 1.
If the court determines that the person violated this section with respect to alcohol or intoxicating liquor, the person must install an ignition-interlock device on every motor vehicle operated by the person, obtain an interlock-restricted license, and maintain that license for one hundred twenty (120) days or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person must not operate any vehicle.
If the court determines that the person violated this section with respect to alcohol or intoxicating liquor, the person must install an ignition-interlock device on every motor vehicle operated by the person, obtain an interlock-restricted license, and maintain that license for one hundred twenty (120) days or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which H.
The first date to begin counting the one-hundred-twenty-day periods described in this subparagraph 4 shall be the same date that the judge signs the order to maintain a license or suspend a license, whichever is applicable.
b.
If the court determines that the person violated this section by operating a vehicle when under the influence of a substance other than alcohol that has impaired the person's ability to operate a motor vehicle, including any drug or controlled substance which is unlawful to possess under the Mississippi Controlled Substances Law, the person must submit to a H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 21(GT\KW) one-hundred-twenty-day period of a nonadjudication program that includes court-ordered drug testing at the person's own expense not less often than every thirty (30) days, during which time the person may drive if compliant with the terms of the program, or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person will not operate any vehicle.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 22(GT\KW) time the person must not operate any vehicle.
The first date to begin counting the one-hundred-twenty-day periods described in this subparagraph 4 shall be the same date that the judge signs the order to maintain a license or suspend a license, whichever is applicable.
b.
If the court determines that the person violated this section by operating a vehicle when under the influence of a substance other than alcohol that has impaired the person's ability to operate a motor vehicle, including any drug or controlled substance which is unlawful to possess under the Mississippi Controlled Substances Law, the person must submit to a one-hundred-twenty-day period of a nonadjudication program that includes court-ordered drug testing at the person's own expense not less often than every thirty (30) days, during which time the person may drive if compliant with the terms of the program, or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person will not operate any vehicle.
(d) The court may enter an order of nonadjudication only if the court finds, after a hearing or after ex parte examination of reliable documentation of compliance, that the offender has successfully completed all conditions imposed by law and previous orders of the court.
The court shall retain jurisdiction over cases involving nonadjudication for a period of not more than two (2) years.
(e) (i) The clerk shall immediately forward a record of every person placed in a nonadjudication program and of every nonadjudication order to the Department of Public Safety for inclusion in the permanent confidential registry of all cases that are nonadjudicated under this subsection (14).
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 22(GT\KW) (ii) Judges, clerks and prosecutors involved in the trial of implied consent violations and law enforcement officers involved in the issuance of citations for implied consent violations shall have secure online access to the confidential registry for the purpose of determining whether a person has previously been the subject of a nonadjudicated case and 1.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 23(GT\KW) (d) The court may enter an order of nonadjudication only if the court finds, after a hearing or after ex parte examination of reliable documentation of compliance, that the offender has successfully completed all conditions imposed by law and previous orders of the court.
The court shall retain jurisdiction over cases involving nonadjudication for a period of not more than two (2) years.
(e) (i) The clerk shall immediately forward a record of every person placed in a nonadjudication program and of every nonadjudication order to the Department of Public Safety for inclusion in the permanent confidential registry of all cases that are nonadjudicated under this subsection (14).
(ii) Judges, clerks and prosecutors involved in the trial of implied consent violations and law enforcement officers involved in the issuance of citations for implied consent violations shall have secure online access to the confidential registry for the purpose of determining whether a person has previously been the subject of a nonadjudicated case and 1.
(iii) The Driver Services Bureau of the department shall have access to the confidential registry for the purpose of determining whether a person is eligible for a form of license not restricted to operating a vehicle equipped with an ignition-interlock device.
(iii) The Driver Services Bureau of the department shall have access to the confidential registry for the purpose of determining whether a person is eligible for a form of license not H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 24(GT\KW) restricted to operating a vehicle equipped with an ignition-interlock device.
H.
63-11-31.
B.
No.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 23(GT\KW) 63-11-31.
(c) A person who can exercise the privilege of driving only under an interlock-restricted license must have an ignition-interlock device installed and operating on all motor vehicles owned or operated by the person.
(d) A person who installs an ignition-interlock device may obtain an interlock-restricted license.
(2) (a) (i) The cost of installation and operation of an ignition-interlock device shall be borne by the person to whom an interlock-restricted driver's license is issued, and the costs of court-ordered drug testing shall be borne by the person so ordered, unless the person is determined by the court to be indigent.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 24(GT\KW) (ii) The cost of participating in a court-ordered drug-testing program shall be borne by the person, unless the person is determined by the court to be indigent.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 25(GT\KW) (c) A person who can exercise the privilege of driving only under an interlock-restricted license must have an ignition-interlock device installed and operating on all motor vehicles owned or operated by the person.
(d) A person who installs an ignition-interlock device may obtain an interlock-restricted license.
(2) (a) (i) The cost of installation and operation of an ignition-interlock device shall be borne by the person to whom an interlock-restricted driver's license is issued, and the costs of court-ordered drug testing shall be borne by the person so ordered, unless the person is determined by the court to be indigent.
(ii) The cost of participating in a court-ordered drug-testing program shall be borne by the person, unless the person is determined by the court to be indigent.
(ii) A person nonadjudicated under Section 63-11-30 shall be assessed by the court, in addition to the criminal fines, penalties and assessments provided by law for violations of Section 63-11-30, a fee of Two Hundred Fifty Dollars ($250.00) to be deposited in the Interlock Device Fund in the State Treasury unless the person is determined by the court to be indigent.
(ii) A person nonadjudicated under Section 63-11-30 shall be assessed by the court, in addition to the criminal fines, penalties and assessments provided by law for violations of Section 63-11-30, a fee of Two Hundred Fifty Dollars H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 26(GT\KW) ($250.00) to be deposited in the Interlock Device Fund in the State Treasury unless the person is determined by the court to be indigent.
H.
(i) Provide proof of the installation of the device and periodic reporting for verification of the proper operation of the device;
B.
No.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 25(GT\KW) (i) Provide proof of the installation of the device and periodic reporting for verification of the proper operation of the device;
(ii) A person prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 27(GT\KW) (ii) A person prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
H.
(v) A person may not knowingly provide a motor vehicle not equipped with a functioning ignition-interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition-interlock device.
(b) A violation of this subsection (4) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both, unless the starting of a motor vehicle equipped with an ignition-interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 26(GT\KW) (v) A person may not knowingly provide a motor vehicle not equipped with a functioning ignition-interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition-interlock device.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 28(GT\KW) the person subject to the restriction does not operate the vehicle.
(b) A violation of this subsection (4) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both, unless the starting of a motor vehicle equipped with an ignition-interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the restriction does not operate the vehicle.
no license reinstatement H.
no license reinstatement fee under Section 63-1-46 shall be charged for a person obtaining an interlock-restricted license.
B.
No.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 27(GT\KW) fee under Section 63-1-46 shall be charged for a person obtaining an interlock-restricted license.
The cost associated with any impoundment or immobilization shall be paid by the person convicted without regard to ability to pay.
The cost H.
(b) A person may not tamper with, or in any way attempt to circumvent, vehicle immobilization or impoundment ordered by the court under this section.
A violation of this paragraph (b) is a misdemeanor and, upon conviction, the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both.
(7) (a) The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of interlock device installation H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 28(GT\KW) and operation by and court-ordered drug testing of indigent offenders.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 29(GT\KW) associated with any impoundment or immobilization shall be paid by the person convicted without regard to ability to pay.
(b) A person may not tamper with, or in any way attempt to circumvent, vehicle immobilization or impoundment ordered by the court under this section.
A violation of this paragraph (b) is a misdemeanor and, upon conviction, the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both.
(7) (a) The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of interlock device installation and operation by and court-ordered drug testing of indigent offenders.
(iii) The Supplemental Nutritional Assistance Program (SNAP), also known as "food stamps";
H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 30(GT\KW) (iii) The Supplemental Nutritional Assistance Program (SNAP), also known as "food stamps";
H.
(d) The Commissioner of the Department of Public Safety must promulgate regulations for the program and for vendors, including at a minimum:
B.
No.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 29(GT\KW) (d) The Commissioner of the Department of Public Safety must promulgate regulations for the program and for vendors, including at a minimum:
(e) (i) Money in the Interlock Device Fund will be appropriated to the department to cover part of the costs of court-ordered drug testing and installing, removing and leasing ignition-interlock devices for indigent people who are required, because of a conviction or nonadjudication under Section 63-11-30, to install an ignition-interlock device in all vehicles operated by the person.
(e) (i) Money in the Interlock Device Fund will be appropriated to the department to cover part of the costs of court-ordered drug testing and installing, removing and leasing ignition-interlock devices for indigent people who are required, because of a conviction or nonadjudication under Section 63-11-30, H.
(ii) If money is available in the Interlock Device Fund, the department shall pay to the vendor, for one (1) vehicle per offender, up to Fifty Dollars ($50.00) for the cost of installation, up to Fifty Dollars ($50.00) for the cost of removal, and up to Thirty Dollars ($30.00) monthly for verified active usage of the ignition-interlock device.
The department shall not pay any amount above what an offender would be required to pay for the installation, removal or usage of an ignition-interlock device.
H.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 30(GT\KW) (iii) If money is available in the Interlock Device Fund, the department shall pay to the vendor an amount not to exceed that promulgated by the Forensics Laboratory for court-ordered drug testing.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 31(GT\KW) to install an ignition-interlock device in all vehicles operated by the person.
(ii) If money is available in the Interlock Device Fund, the department shall pay to the vendor, for one (1) vehicle per offender, up to Fifty Dollars ($50.00) for the cost of installation, up to Fifty Dollars ($50.00) for the cost of removal, and up to Thirty Dollars ($30.00) monthly for verified active usage of the ignition-interlock device.
The department shall not pay any amount above what an offender would be required to pay for the installation, removal or usage of an ignition-interlock device.
(iii) If money is available in the Interlock Device Fund, the department shall pay to the vendor an amount not to exceed that promulgated by the Forensics Laboratory for court-ordered drug testing.
in the absence of a court order, the proof may consist of the following or such other proof as the commissioner may set forth by regulation duly adopted under the Administrative Procedures Act:
in the absence of a court order, the proof may consist of the following H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 32(GT\KW) or such other proof as the commissioner may set forth by regulation duly adopted under the Administrative Procedures Act:
and H.
and (e) (i) For those driving under an interlock-restricted license, a declaration from the vendor, in a form provided or approved by the Department of Public Safety, certifying that there have been none of the following incidents in the last thirty (30) days:
B.
No.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 31(GT\KW) (e) (i) For those driving under an interlock-restricted license, a declaration from the vendor, in a form provided or approved by the Department of Public Safety, certifying that there have been none of the following incidents in the last thirty (30) days:
or (ii) For a person who violated Section 63-11-30 with respect to drugs other than alcohol, proof of successful compliance with all court-ordered drug testing;
or H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 33(GT\KW) (ii) For a person who violated Section 63-11-30 with respect to drugs other than alcohol, proof of successful compliance with all court-ordered drug testing;
H.
(11) A person who voluntarily obtains an interlock-restricted license may convert at any time to any other form of license for which the person is qualified.
B.
No.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 PAGE 32(GT\KW) (11) A person who voluntarily obtains an interlock-restricted license may convert at any time to any other form of license for which the person is qualified.
Vendors must report test results to the court on a monthly basis, except that a positive test or failure of the testing participant to submit to verification must be reported to the court within five (5) days of verification of the positive test or the failure to submit.
Vendors must report test H.
B.
No.
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH PAGE 34(GT\KW) results to the court on a monthly basis, except that a positive test or failure of the testing participant to submit to verification must be reported to the court within five (5) days of verification of the positive test or the failure to submit.
This act shall take effect and be in force from and after July 1, 2023.
This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
253 *HR26/R528* ~ OFFICIAL ~ 23/HR26/R528 ST:
253 *HR26/R528PH* ~ OFFICIAL ~ 23/HR26/R528PH ST:
clarify how the 120 days PAGE 33(GT\KW) are counted.
clarify how the 120 days PAGE 35(GT\KW) are counted.
View plain text versions (2)

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Died In Committee

  2. Referred To Judiciary, Division B

  3. Transmitted To Senate

  4. Passed As Amended

  5. Amended

  6. Title Suff Do Pass

  7. Referred To Judiciary B

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 174 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (174)

174 members have not signed on to this bill.

Show all 174 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage as Amended

Passed 113 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 54003
Democrat 27002
Unaffiliated 30002
Independent 2000
Total 113007
% of votes cast 94%0%0%6%
How each member voted (120)
Member Party Vote
Bailey — Yea
Bain — Yea
Barnett — Yea
Blackmon — Yea
Bomgar — Yea
Boyd (37th) — Yea
Busby — Yea
Clarke — Yea
Criswell — Yea
Darnell — Yea
Gibbs — Yea
Goodin — Yea
Hopkins — Yea
Jackson — Yea
Johnson — Yea
Lancaster — Yea
McLeod — Yea
Miles — Yea
Paden — Yea
Patterson — Yea
Reynolds — Yea
Robinson — Yea
Stamps — Yea
Straughter — Yea
Thompson — Yea
Walker — Yea
Weathersby — Yea
Williamson — Yea
Young — Yea
Mr. Speaker — Yea
Boyd (19th) — Not Voting
Huddleston — Not Voting
Bo Brown Democrat Yea
Bo Brown Democrat Not Voting
Bob Evans Democrat Yea
Bob Evans Democrat Yea
Bryant W. Clark Democrat Yea
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Cheikh Taylor Democrat Yea
Christopher M. Bell Democrat Yea
Daryl Porter Democrat Yea
Earle S. Banks Democrat Yea
Gregory Holloway, Sr. Democrat Not Voting
Hester Jackson McCray Democrat Yea
Jeffery Harness Democrat Yea
Jeffrey Hulum III Democrat Yea
Jeramey Anderson Democrat Yea
John G. Faulkner Democrat Yea
John W. Hines, Sr. Democrat Yea
Kabir Karriem Democrat Yea
Omeria Scott Democrat Yea
Oscar Denton Democrat Yea
Otis Anthony Democrat Yea
Percy W. Watson Democrat Yea
Robert L. Sanders Democrat Yea
Ronnie C. Crudup Democrat Yea
Solomon C. Osborne Democrat Yea
Stephanie Foster Democrat Yea
Tracey T. Rosebud Democrat Yea
Zakiya Summers Democrat Yea
Angela Cockerham Independent Yea
Shanda Yates Independent Yea
Becky Currie Republican Not Voting
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Billy Adam Calvert Republican Not Voting
Brent Anderson Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Clay Deweese Republican Yea
Dan Eubanks Republican Yea
Dana McLean Republican Yea
Donnie Bell Republican Yea
Donnie Scoggin Republican Yea
Fred Shanks Republican Yea
Gene Newman Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jansen Owen Republican Yea
Jason White Republican Yea
Jay McKnight Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jill Ford Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Joseph Tubb Republican Yea
Karl Oliver Republican Yea
Ken Morgan Republican Yea
Kent McCarty Republican Yea
Kevin Felsher Republican Yea
Kevin Ford Republican Not Voting
Kevin Horan Republican Yea
Larry Byrd Republican Yea
Lee Yancey Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Price Wallace Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Sam C. Mims, V Republican Yea
Sam Creekmore IV Republican Yea
Shane Aguirre Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Yea
Steve Massengill Republican Yea
Timmy Ladner Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
William Tracy Arnold Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 253?
HB 253 is sponsored by Rob Roberson (Republican).
What is the current status of HB 253?
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 253?
Track HB 253 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 253

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of HB 253

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →