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To: Judiciary B;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Newman
HOUSE BILL NO. 1022
AN ACT TO AMEND SECTIONS 63-2-7 AND 63-7-309, MISSISSIPPI 1
CODE OF 1972, TO INCREASE THE FINES FOR SEATBELT AND CHILD SAFETY 2
RESTRAINT VIOLATIONS TO $100.00 FOR EACH VIOLATION; TO PROVIDE FOR 3
THE EQUAL DISTRIBUTION OF FINES COLLECTED FOR SUCH VIOLATION 4
BETWEEN THE STATE DEPARTMENT OF EDUCATION AND THE MISSISSIPPI 5
DEPARTMENT OF PUBLIC SAFETY FOR PURPOSES OF FUNDING DRIVER'S 6
EDUCATION AND TRAINING; TO BRING FORWARD SECTIONS 63-2-1 AND 7
63-7-301, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE 8
AMENDMENT; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 63-2-7, Mississippi Code of 1972, is 11
amended as follows: 12
63-2-7. (1) A violation of this chapter shall be a 13
misdemeanor, punishable by a fine of * * * One Hundred Dollars 14
($100.00) upon conviction; however, only the operator of a vehicle 15
may be fined for a violation of this chapter by the operator and 16
any passengers. The maximum fine that may be imposed against the 17
operator of a vehicle for a violation of this chapter by the 18
operator or for a violation of this chapter by one or more 19
passengers shall be * * * One Hundred Dollars ($100.00) in the 20
aggregate. 21
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(2) A violation of this chapter shall not be entered on the 22
driving record of any individual so convicted, nor shall any state 23
assessment provided for by Section 99-19-73, or any other state 24
law, be imposed or collected. 25
(3) Fines collected for violations of this chapter shall be 26
distributed equally between the State Department of Education and 27
the Mississippi Department of Public Safety for the purpose of 28
funding driver's education and training. 29
SECTION 2. Section 63-7-309, Mississippi Code of 1972, is 30
amended as follows: 31
63-7-309. (1) Any person convicted of violating the 32
provisions of Section 63-7-301 shall be fined not more than * * * 33
One Hundred Dollars ($100.00) for each offense. 34
(2) Fines collected for violations of Section 63-7-301 shall 35
be distributed equally between the State Department of Education 36
and the Mississippi Department of Public Safety for the purpose of 37
funding driver's education and training. 38
SECTION 3. Section 63-2-1, Mississippi Code of 1972, is 39
brought forward as follows: 40
63-2-1. (1) When a passenger motor vehicle is operated in 41
forward motion on a public road, street or highway within this 42
state, every operator and every passenger shall wear a properly 43
fastened safety seat belt system, required to be installed in the 44
vehicle when manufactured pursuant to Federal Motor Vehicle Safety 45
Standard 208. 46
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(2) "Passenger motor vehicle" for purposes of this chapter 47
means a motor vehicle designed to carry fifteen (15) or fewer 48
passengers, including the driver, but does not include motorcycles 49
that are not autocycles as defined in Section 63-3-103, mopeds, 50
all-terrain vehicles or trailers. 51
(3) This section shall not apply to: 52
(a) Vehicles which may be registered for "farm" use, 53
including "implements of husbandry" as defined in Section 54
63-21-5(d), and "farm tractors" as defined in Section 63-3-105(a); 55
(b) An operator or passenger possessing a written 56
verification from a licensed physician that he is unable to wear a 57
safety belt system for medical reasons; 58
(c) A passenger car operated by a rural letter carrier 59
of the United States Postal Service or by a utility meter reader 60
while on duty; 61
(d) Buses; or 62
(e) A child who is required to be protected by the use 63
of a child passenger restraint device or system or a 64
belt-positioning booster seat system under the provisions of 65
Sections 63-7-301 through 63-7-311. 66
SECTION 4. Section 63-7-301, Mississippi Code of 1972, is 67
brought forward as follows: 68
63-7-301. (1) (a) Every person transporting a child under 69
the age of four (4) years in a passenger motor vehicle, and 70
operated on a public roadway, street or highway within this state, 71
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shall provide for the protection of the child by properly using a 72
child passenger restraint device or system meeting applicable 73
federal motor vehicle safety standards. 74
(b) Every person transporting a child in a passenger 75
motor vehicle operated on a public roadway, street or highway 76
within this state, shall provide for the protection of the child 77
by properly using a belt positioning booster seat system meeting 78
applicable federal motor vehicle safety standards if the child is 79
at least four (4) years of age, but less than seven (7) years of 80
age and measures less than four (4) feet nine (9) inches in height 81
or weighs less than sixty-five (65) pounds. 82
(c) If more than two (2) children who are required 83
under subsection (1) of this section to use a booster seat are 84
being transported in a vehicle at one time, and the vehicle only 85
has two (2) lap and shoulder belts in the rear seat, then only the 86
two (2) children sitting in the seats with the lap and shoulder 87
belts are required to use a belt positioning booster seat system 88
and safety belt, and any other children may be secured with a 89
safety seat lap belt only. 90
(2) The term "passenger motor vehicle" as used in Sections 91
63-7-301 through 63-7-311 has the same meaning as defined in 92
Section 63-2-1(2). Sections 63-7-301 through 63-7-311 do not 93
apply to the vehicles described in Section 63-2-1(3). 94
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ST: Traffic fines for seatbelt and child safety
restraint violations; increase and provide for
distribution of between SDE and DPS.
(3) Failure to provide and use a child passenger restraint 95
device or system or a belt positioning booster seat system shall 96
not be considered contributory or comparative negligence. 97
SECTION 5. This act shall take effect and be in force from 98
and after July 1, 2026. 99