S. B. No. 2900
*SS02/R1015.1*
G3/510/SS02/R1015.1PAGE 1
To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2010 By: Senator(s) Clarke SENATE BILL NO. 2900 AN ACT TO AMEND SECTION 63-15-4, MISSISSIPPI CODE OF 1972, TO1PROHIBIT COURTS FROM REDUCING, SUSPENDING, OR SUSPENDING THE2EXECUTION OF THE PENALTY FOR FAILURE TO HAVE PROOF OF MOTOR3VEHICLE LIABILITY INSURANCE; TO DELETE THE PROVISION ALLOWING A4PERSON TO REDUCE THE PENALTY BY SHOWING THE COURT PROOF OF MOTOR5VEHICLE LIABILITY INSURANCE THAT WAS NOT IN EFFECT AT THE TIME OF6THE CITATION; TO AMEND SECTIONS 21-23-7 AND 99-19-25, MISSISSIPPI7CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR8RELATED PURPOSES.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:10
SECTION 1.
Section 63-15-4, Mississippi Code of 1972, is11amended as follows:1263-15-4. (1) The following vehicles are exempted from the13requirements of this section:14(a) Vehicles exempted by Section 63-15-5;15(b) Vehicles for which a bond or a certificate of16deposit of money or securities in at least the minimum amounts17required for proof of financial responsibility is on file with the18department;19(c) Vehicles that are self-insured under Section2063-15-53; and21(d) Implements of husbandry.22(2) (a) Every motor vehicle operated in this state shall23have an insurance card maintained in the vehicle as proof of24liability insurance that is in compliance with the liability25limits required by Section 63-15-3(j). The insured parties shall26be responsible for maintaining the insurance card in each vehicle.27(b) An insurance company issuing a policy of motor28vehicle liability insurance as required by this section shall29
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furnish to the insured an insurance card for each vehicle at the30time the insurance policy becomes effective.31(3) Upon stopping a motor vehicle at a roadblock where all32passing motorists are checked as a method to enforce traffic laws33or upon stopping a motor vehicle for any other statutory34violation, a law enforcement officer, who is authorized to issue35traffic citations, shall verify that the insurance card required36by this section is in the motor vehicle. However, no driver shall37be stopped or detained solely for the purpose of verifying that an38insurance card is in the motor vehicle unless the stop is part of39such roadblock.40(4) Failure of the owner or the operator of a motor vehicle41to have the insurance card in the motor vehicle is a misdemeanor42and, upon conviction, is punishable by a fine of Five Hundred43Dollars ($500.00) and suspension of driving privilege for a period44of one (1) year or until the owner of the motor vehicle shows45proof of liability insurance that is in compliance with the46liability limits required by Section 63-15-3(j). Fraudulent use47of an insurance card shall be punishable in accordance with48Section 97-7-10. The funds from such fines shall be deposited in49the State General Fund in the State Treasury. However, if such50fines are levied in a municipal court, fifty percent (50%) of the51funds from such fines shall be deposited in the general fund of52the municipality. If such fines are levied in any of the courts53of the county, fifty percent (50%) of the funds from such fines54shall be deposited in the general fund of the county. The court55shall not reduce, suspend or suspend the execution of any penalty56imposed under the provisions of this subsection, in whole or in57part.58(5) If, at the hearing date or the date of payment of the59fine, the motor vehicle owner shows proof that motor vehicle60liability insurance in the amounts required by Section6163-15-3(j)
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was in effect at the time of citation, the case62
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shall be dismissed as to the defendant with prejudice and all63court costs shall be waived against the defendant.64
SECTION 2.
Section 21-23-7, Mississippi Code of 1972, is65amended as follows:6621-23-7. (1) The municipal judge shall hold court in a67public building designated by the governing authorities of the68municipality and may hold court every day except Sundays and legal69holidays if the business of the municipality so requires;70provided, however, the municipal judge may hold court outside the71boundaries of the municipality but not more than within a72sixty-mile radius of the municipality to handle preliminary73matters and criminal matters such as initial appearances and74felony preliminary hearings. The municipal judge shall have the75jurisdiction to hear and determine, without a jury and without a76record of the testimony, all cases charging violations of the77municipal ordinances and state misdemeanor laws made offenses78against the municipality and to punish offenders therefor as may79be prescribed by law. Except as otherwise provided by law,80criminal proceedings shall be brought by sworn complaint filed in81the municipal court. Such complaint shall state the essential82elements of the offense charged and the statute or ordinance83relied upon. Such complaint shall not be required to conclude84with a general averment that the offense is against the peace and85dignity of the state or in violation of the ordinances of the86municipality. He may sit as a committing court in all felonies87committed within the municipality, and he shall have the power to88bind over the accused to the grand jury or to appear before the89proper court having jurisdiction to try the same, and to set the90amount of bail or refuse bail and commit the accused to jail in91cases not bailable. The municipal judge is a conservator of the92peace within his municipality. He may conduct preliminary93hearings in all violations of the criminal laws of this state94occurring within the municipality, and any person arrested for a95
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