Drag racing penalties; include forfeiture of vehicles used in the crime of.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Yates

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1272

AN ACT TO AMEND SECTIONS 63-3-502 AND 63-3-1215, MISSISSIPPI 1
CODE OF 1972, TO ADD FORFEITURE OF VEHICLES USED IN DRAG RACING AS 2
A PENALTY FOR THE CRIME IN CERTAIN LOCATIONS; TO BRING FORWARD 3
SECTION 63-7-103, MISSISSIPPI CODE OF 1972; AND FOR RELATED 4
PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 63-3-502, Mississippi Code of 1972, is 7
amended as follows: 8
63-3-502. (1) For the purposes of this section: 9
(a) "Motor vehicle" has the meaning ascribed in Section 10
27-19-3. 11
(b) "Motorcycle" has the meaning ascribed in Section 12
27-19-3. 13
(c) "Street" or "highway" means the entire width 14
between property lines of every way or place of whatever nature 15
when any part thereof is open to the use of the public, as a 16
matter of right, for purposes of vehicular traffic. 17
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(2) Any person driving a motor vehicle or motorcycle upon a 18
street or highway in a race, upon conviction, shall be punished as 19
follows: 20
(a) A person convicted for the first offense of 21
violating this subsection shall be fined not less than Two Hundred 22
Fifty Dollars ($250.00) nor more than One Thousand Dollars 23
($1,000.00), imprisoned for not more than forty-eight (48) hours, 24
or both. 25
(b) For a second conviction of any person violating 26
this subsection, the offenses being committed within a period of 27
five (5) years, the person shall be fined not less than Six 28
Hundred Dollars ($600.00) nor more than One Thousand Five Hundred 29
Dollars ($1,500.00), shall be imprisoned not less than five (5) 30
days nor more than one (1) year, and shall be sentenced to 31
community service work for not less than ten (10) days nor more 32
than one (1) year. 33
(c) (i) For a third or subsequent conviction of any 34
person violating this subsection, the offenses being committed 35
within a period of five (5) years, the person shall be guilty of a 36
felony and fined not less than Two Thousand Dollars ($2,000.00) 37
nor more than Five Thousand Dollars ($5,000.00), and shall serve 38
not less than one (1) year nor more than five (5) years in the 39
custody of the Department of Corrections; however, for any such 40
offense that does not result in serious injury or death to any 41
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person, the sentence of incarceration may be served in the county 42
jail at the discretion of the circuit court judge. 43
(ii) After a conviction under this subsection and 44
upon receipt of the court abstract, the Commissioner of Public 45
Safety shall suspend the driver's license and driving privileges 46
of the person for not less than five (5) years. 47
(d) In addition to the penalties described in this 48
subsection (2) for violation of this section, any vehicle used in 49
violation of this section shall be forfeited to the law 50
enforcement agency of the jurisdiction in which the violation 51
occurred and sold in the manner provided by law for property 52
forfeited to a law enforcement agency. The provisions of this 53
paragraph (d) shall only be applicable in municipalities, counties 54
or towns with a population of twenty-five thousand (25,000) or 55
more. 56
(3) A conviction and imposition of a sentence under this 57
section does not prevent a conviction and imposition of a sentence 58
under Section 63-7-103. 59
SECTION 2. Section 63-3-1215, Mississippi Code of 1972, is 60
amended as follows: 61
63-3-1215. (1) No person shall drive any vehicle upon the 62
public roads in this state in any race, speed competition or 63
contest, drag race or acceleration contest, test of physical 64
endurance, exhibition of speed or acceleration, or for the purpose 65
of making a speed record, and no person shall in any manner 66
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participate in any such race, speed competition, drag race, 67
test * * * of physical endurance, exhibition, or purpose of making 68
a speed record. 69
(2) For the purposes of this section, "drag race" means the 70
operation of two (2) or more vehicles from a point side by side at 71
accelerating speeds in a competitive attempt to outdistance each 72
other, or the operation of one or more vehicles over a common 73
selected course, from the same point to the same point, for the 74
purpose of comparing the relative speeds or power of acceleration 75
of such vehicle or vehicles within a certain distance or time 76
limit on the public roads of this state. 77
(3) For the purposes of this section, "racing" means the use 78
of one or more vehicles in an attempt to outgain, outdistance, or 79
prevent another vehicle from passing, or to test the physical 80
stamina or endurance of drivers over long-distance driving routes 81
on the public roads of this state. 82
(4) Any person convicted of violating this section shall be 83
guilty of a misdemeanor and, upon conviction, shall be fined not 84
more than One Thousand Dollars ($1,000.00) or imprisoned not more 85
than six (6) months, or both. In addition the penalties provided 86
in this subsection (4), any vehicle used in violation of this 87
subsection shall be forfeiture to the law enforcement agency of 88
the jurisdiction in which the violation occurred and sold in the 89
manner provided by law for property forfeited to a law enforcement 90
agency. 91
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(5) The prohibitions contained in this section do not apply 92
to events sanctioned by local governing authorities. 93
SECTION 3. Section 63-7-103, Mississippi Code of 1972, is 94
brought forward as follows: 95
63-7-103. (1) This section shall be known and may be cited 96
as the "Trooper Steve Hood Act: The Nitrous Oxide Prohibition 97
Act." 98
(2) For the purposes of this section: 99
(a) "Motor vehicle" has the meaning ascribed in Section 100
27-19-3; however, the term "motor vehicle" does not include any 101
vehicle with a gross vehicle or combination weight greater than 102
ten thousand (10,000) pounds. 103
(b) "Motorcycle" has the meaning ascribed in Section 104
27-19-3. 105
(c) "Nitrous oxide" means a gas or liquid form of 106
nitrous oxide that is used to increase the speed or performance of 107
a motor vehicle or motorcycle. 108
(d) "Street" or "highway" means the entire width 109
between property lines of every way or place of whatever nature 110
when any part thereof is open to the use of the public, as a 111
matter of right, for purposes of vehicular traffic. 112
(3) (a) (i) A person shall not operate on a street or 113
highway a motor vehicle or motorcycle that is equipped to supply 114
the engine with nitrous oxide unless the nitrous oxide supply 115
system is made inoperative by means of disconnecting the nitrous 116
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oxide feed line from the engine or removing the nitrous oxide 117
canister from the motor vehicle or motorcycle. 118
(ii) No fine or imprisonment shall be imposed 119
against the operator for a violation of this section, unless at 120
the time the operator was charged with a violation of this section 121
he also was charged with some other offense under Title 63, 122
Mississippi Code of 1972, and he is convicted of both offenses. 123
(b) A person convicted for the first offense of 124
violating this subsection shall be fined not less than Two Hundred 125
Fifty Dollars ($250.00) nor more than One Thousand Dollars 126
($1,000.00), imprisoned for not more than forty-eight (48) hours, 127
or both. 128
(c) For a second conviction of any person violating 129
this subsection, the offenses being committed within a period of 130
five (5) years, the person shall be fined not less than Six 131
Hundred Dollars ($600.00) nor more than One Thousand Five Hundred 132
Dollars ($1,500.00), shall be imprisoned not less than five (5) 133
days nor more than one (1) year, and shall be sentenced to 134
community service work for not less than ten (10) days nor more 135
than one (1) year. 136
(d) (i) For a third or subsequent conviction of any 137
person violating this subsection, the offenses being committed 138
within a period of five (5) years, the person shall be guilty of a 139
felony and fined not less than Two Thousand Dollars ($2,000.00) 140
nor more than Five Thousand Dollars ($5,000.00), and shall serve 141
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ST: Drag racing penalties; include forfeiture
of vehicles used in the crime of.
not less than one (1) year nor more than five (5) years in the 142
custody of the Department of Corrections; however, for any such 143
offense that does not result in serious injury or death to any 144
person, the sentence of incarceration may be served in the county 145
jail at the discretion of the circuit court judge. 146
(ii) After a conviction under this subsection and 147
upon receipt of the court abstract, the Commissioner of Public 148
Safety shall suspend the driver's license and driving privileges 149
of the person for not less than five (5) years. 150
(iii) After a conviction under this subsection, 151
the law enforcement agency shall seize the vehicle owned by any 152
person convicted of a third or subsequent violation of this 153
subsection, if the convicted person was driving the vehicle at the 154
time the offense was committed. The vehicle may be forfeited in 155
the manner provided by Sections 63-11-49 through 63-11-53. 156
SECTION 4. This act shall take effect and be in force from 157
and after July 1, 2026. 158