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H. B. No.  328
*HR07/R14*
G3/509/HR07/R14PAGE 1
(CJR\HS)
 To:  Judiciary A
MISSISSIPPI LEGISLATURE                        REGULAR SESSION 2009 By:  Representative Upshaw (By Request)               HOUSE BILL NO.  328   AN ACT TO CREATE THE CRIME OF CHILD ENDANGERMENT FOR ANY1PERSON TWENTY-ONE YEARS OF AGE OR OLDER WHO DRIVES OR OTHERWISE2OPERATES A VEHICLE IN VIOLATION OF THE IMPLIED CONSENT LAW WITH A3VEHICLE OCCUPANT WHO IS UNDER TWENTY-ONE YEARS OF AGE; TO PROVIDE4PENALTIES FOR VIOLATIONS; TO AMEND SECTION 63-11-30, MISSISSIPPI5CODE OF 1972, TO REVISE BLOOD ALCOHOL LEVEL CONCENTRATION FOR6SECOND OR SUBSEQUENT OFFENDERS; TO CONFORM TO THE PROVISIONS OF7THIS ACT; TO AMEND SECTION 63-11-31, MISSISSIPPI CODE OF 1972, IN8CONFORMITY THERETO; AND FOR RELATED PURPOSES.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:10
SECTION 1.
(1)  Any person twenty-one (21) years of age or11older who drives or otherwise operates a vehicle in violation of12subsection (1) of Section 63-11-30, with a vehicle occupant who is13under twenty-one (21) years of age is guilty of child14endangerment.15(2)  A first violation of subsection (1) of this section16shall constitute an offense separate and in addition to an offense17under Section 63-11-30 or any other offense, violation of which18shall constitute a misdemeanor punishable, upon conviction, by a19fine of not more than One Thousand Dollars ($1,000.00), by20imprisonment for not more than one (1) year, or by both such fine21and imprisonment.  A second or subsequent violation of subsection22(1) of this section shall be a felony punishable, upon conviction,23by a fine of not more than Five Thousand Dollars ($5,000.00) and24by imprisonment in the custody of the Department of Corrections25for not less than one (1) year nor more than five (5) years.26(3)  A person who violates this section shall be required to27use an interlock device as provided in Section 63-11-31.  Such28person shall not be eligible for any sentence reduction, plea29bargain or any diversion program.30
 
H. B. No.  328
*HR07/R14*
 09/HR07/R14PAGE 2
(CJR\HS)
 
(4)  A person convicted under this section shall be required31to receive an in-depth diagnostic assessment and if it is32determined that such person is in need of treatment for an alcohol33and/or drug abuse problem, such person shall successfully complete34treatment at a program site certified by the Department of Mental35Health.36 
SECTION 2.
Section 63-11-30, Mississippi Code of 1972, is37amended as follows:3863-11-30.  (1)  It is unlawful for any person to drive or39otherwise operate a vehicle within this state who (a) is under the40influence of intoxicating liquor; (b) is under the influence of41any other substance which has impaired such person's ability to42operate a motor vehicle; (c) has an alcohol concentration of eight43one-hundredths percent (.08%) or more for persons who are above44the legal age to purchase alcoholic beverages under state law for45a first offense or five one-hundredths percent (.05%) for a second46or subsequent offense, or two one-hundredths percent (.02%) or47more for persons who are below the legal age to purchase alcoholic48beverages under state law, in the person's blood based upon grams49of alcohol per one hundred (100) milliliters of blood or grams of50alcohol per two hundred ten (210) liters of breath as shown by a51chemical analysis of such person's breath, blood or urine52administered as authorized by this chapter; (d) is under the53influence of any drug or controlled substance, the possession of54which is unlawful under the Mississippi Controlled Substances Law;55or (e) has an alcohol concentration of four one-hundredths percent56(.04%) or more in the person's blood, based upon grams of alcohol57per one hundred (100) milliliters of blood or grams of alcohol per58two hundred ten (210) liters of breath as shown by a chemical59analysis of such person's blood, breath or urine, administered as60authorized by this chapter for persons operating a commercial61motor vehicle.62
 
H. B. No.  328
*HR07/R14*
 09/HR07/R14PAGE 3
(CJR\HS)
 
(2)  (a)  Except as otherwise provided in subsection (3),63upon conviction of any person for the first offense of violating64subsection (1) of this section where chemical tests provided for65under Section 63-11-5 were given, or where chemical test results66are not available, such person shall be fined not less than Two67Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars68($1,000.00), or imprisoned for not more than forty-eight (48)69hours in jail or both; and the court shall order such person to70attend and complete an alcohol safety education program as71provided in Section 63-11-32.  The court may substitute attendance72at a victim impact panel instead of forty-eight (48) hours in73jail.  In addition, the Department of Public Safety, the74Commissioner of Public Safety or his duly authorized agent shall,75after conviction and upon receipt of the court abstract, suspend76the driver's license and driving privileges of such person for a77period of not less than ninety (90) days and until such person78attends and successfully completes an alcohol safety education79program as herein provided.  Commercial driving privileges shall80be suspended as provided in Section 63-1-83.81The circuit court having jurisdiction in the county in which82the conviction was had or the circuit court of the person's county83of residence may reduce the suspension of driving privileges under84Section 63-11-30(2)(a) if the denial of which would constitute a85hardship on the offender, except that no court may issue such an86order reducing the suspension of driving privileges under this87subsection until thirty (30) days have elapsed from the effective88date of the suspension.  Hardships shall only apply to first89offenses under Section 63-11-30(1), and shall not apply to second,90third or subsequent convictions of any person violating subsection91(1) of this section.  A reduction of suspension on the basis of92hardship shall not be available to any person who refused to93submit to a chemical test upon the request of a law enforcement94officer as provided in Section 63-11-5 or to a person who violates95
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