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H. B. No. 1607 *HR43/R2042* ~ OFFICIAL ~ G1/2
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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Ford (54th)
HOUSE BILL NO. 1607
AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO 1
PROHIBIT TEXTING WHILE DRIVING; AND FOR RELATED PURPOSES. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 3
SECTION 1. Section 63-33-1, Mississippi Code of 1972, is 4
amended as follows: 5
63-33-1. (1) For purposes of this section, the following 6
terms shall have the meanings ascribed in this subsection, unless 7
the context clearly indicates otherwise: 8
(a) "Hand-held mobile telephone" means a mobile 9
telephone or other portable electronic communication device with 10
which a user engages in a call or writes, sends or reads a text 11
message using at least one (1) hand. The term "hand-held mobile 12
telephone" shall not include a voice-operated or hands-free 13
device; 14
(b) "Motor vehicle" means a vehicle driven or drawn by 15
mechanical power and manufactured primarily for use on public 16
highways; 17
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(c) "Social networking site" means any web-based 18
service that allows individuals to construct a profile within a 19
founded system, articulate a list of other users with whom they 20
share a connection, and communicate with other users of the site; 21
(d) "Text message" includes a text-based message, 22
instant message, electronic message, and email, but shall not 23
include an emergency, traffic or weather alert or a message 24
related to the operation or navigation of the motor vehicle; 25
(e) "Voice-operated or hands-free device" means a 26
device that allows the user to write, send, or read a text message 27
without the use of either hand except to activate, deactivate, or 28
initiate a feature or function; and 29
(f) "Writing," "sending" and "reading," with respect to 30
a text message, means the manual entry, sending, or retrieval of a 31
text message, respectively, to communicate with any person or 32
device. 33
(2) An operator of a moving motor vehicle is prohibited from 34
physically holding or supporting a hand-held mobile telephone, 35
writing, sending, or reading a text message and from accessing, 36
reading or posting to a social networking site using a hand-held 37
mobile telephone while driving said motor vehicle. 38
(3) A violation of this section is a civil violation, and 39
upon being found in violation, is punishable by a civil penalty of 40
Twenty-five Dollars ($25.00) for violations committed until July 41
1, 2016, and One Hundred Dollars ($100.00) for violations 42
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ST: Wireless telecommunications devices;
prohibit the use of while driving.
committed from and after July 1, 2016. No state assessments shall 43
be imposed or collected for a violation under this section. 44
(4) The Department of Public Safety shall keep and maintain 45
records of citations issued under this section, including the age 46
and race of the vehicle operator, whether there was an additional 47
traffic violation by the vehicle operator, and whether there was a 48
crash or any damage to a vehicle or passenger at the time of the 49
citation. 50
SECTION 2. This act shall take effect and be in force from 51
and after July 1, 2026. 52