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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Newman
HOUSE BILL NO. 289
AN ACT TO AMEND SECTIONS 63-1-51 AND 63-1-216, MISSISSIPPI 1
CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF PUBLIC SAFETY TO 2
SUSPEND THE DRIVER'S LICENSE OF PERSONS WHO FAIL TO APPEAR FOR 3
COURT OR OTHERWISE DISPOSE OF HIS OR HER CHARGES OF A SERIOUS 4
TRAFFIC VIOLATION BEFORE THE SCHEDULED COURT APPEARANCE AS STATED 5
ON THE UNIFORM TRAFFIC CITATION; TO PRESCRIBE THE PROCEDURE TO BE 6
FOLLOWED BY THE CLERK OF THE COURT IN THE AFFECTED JURISDICTION TO 7
PROVIDE NOTICE TO THE ACCUSED AND THE APPROPRIATE INFORMATION TO 8
THE DEPARTMENT OF PUBLIC SAFETY-DRIVER SERVICES BUREAU TO 9
EFFECTUATE THE SUSPENSION; TO PRESCRIBE THE CONDITIONS AND 10
REQUIREMENTS UNDER WHICH THE DRIVERS'S LICENSE OF AN ACCUSED MAY 11
BE REINSTATED; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 63-1-51, Mississippi Code of 1972, is 14
amended as follows: 15
63-1-51. (1) It shall be the duty of the court clerk, upon 16
conviction of any person holding a license issued pursuant to this 17
article where the penalty for a traffic violation is as much as 18
Ten Dollars ($10.00), to mail a copy of abstract of the court 19
record or provide an electronically or computer generated copy of 20
abstract of the court record immediately to the commissioner at 21
Jackson, Mississippi, showing the date of conviction, penalty, 22
etc., so that a record of same may be made by the Department of 23
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Public Safety. The commissioner shall forthwith revoke the 24
license of any person for a period of one (1) year upon receiving 25
a duly certified record of each person's convictions of any of the 26
following offenses when such conviction has become final: 27
(a) Manslaughter or negligent homicide resulting from 28
the operation of a motor vehicle; 29
(b) Any felony in the commission of which a motor 30
vehicle is used; 31
(c) Failure to stop and render aid as required under 32
the laws of this state in event of a motor vehicle accident 33
resulting in the death or personal injury of another; 34
(d) Perjury or the willful making of a false affidavit 35
or statement under oath to the department under this article or 36
under any other law relating to the ownership or operation of 37
motor vehicles; or 38
(e) Conviction, or forfeiture of bail not vacated, upon 39
three (3) charges of reckless driving committed within a period of 40
twelve (12) months. 41
(2) The commissioner shall revoke the license issued 42
pursuant to this article of any person convicted of negligent 43
homicide, in addition to any penalty now provided by law. 44
(3) In addition to the reasons specified in this section, 45
the commissioner shall be authorized to suspend the license issued 46
to any person pursuant to this article for being out of compliance 47
with an order for support, as defined in Section 93-11-153. The 48
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procedure for suspension of a license for being out of compliance 49
with an order for support, and the procedure for the reissuance or 50
reinstatement of a license suspended for that purpose, and the 51
payment of any fees for the reissuance or reinstatement of a 52
license suspended for that purpose, shall be governed by Section 53
93-11-157 or 93-11-163, as the case may be. If there is any 54
conflict between any provision of Section 93-11-157 or 93-11-163 55
and any provision of this article, the provisions of Section 56
93-11-157 or 93-11-163, as the case may be, shall control. 57
(4) (a) When a uniform traffic citation is issued and if 58
the accused fails to appear for court or otherwise dispose of his 59
or her charges before his or her scheduled court appearance as 60
stated on the uniform traffic citation, before the court issuing a 61
bench warrant, the clerk of court shall notify the accused by 62
first-class mail or by postcard at the address listed on the 63
uniform traffic citation of his or her failure to appear. The 64
notice shall be dated and allow the accused thirty (30) days from 65
such date to dispose of his or her charges or waive arraignment 66
and plead not guilty. If after the expiration of the thirty-day 67
period the accused fails to dispose of his or her charges or waive 68
arraignment and plead not guilty, the clerk of the court in which 69
the charges are lodged shall, within five (5) days of such date, 70
forward driver's license number of the accused to the Department 71
of Public Safety-Driver Services Bureau unless otherwise ordered 72
by the court. The Commissioner of Public Safety shall, upon 73
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receipt of the driver's license number, suspend the driver's 74
license and driving privilege of the accused until notified by the 75
clerk of court that the driver's license is to be reinstated. The 76
driver's license shall be reinstated when the accused has 77
scheduled a new date to appear before the court; has appeared in 78
court for a hearing, arraignment, or waiver of arraignment and 79
entry of a plea; or the charge against the accused has been 80
finally adjudicated and the Department of Driver Services receives 81
notice to reinstate the license by the court and the accused 82
individual pays the applicable reinstatement fee as set forth in 83
Section 63-1-46, unless such fee is waived by the court or 84
otherwise as provided by law. 85
(b) (i) The scheduling of a new date to appear before 86
the court for disposition of a uniform traffic citation shall not 87
be conditioned upon payment of any fee for a previous failure to 88
appear. 89
(ii) After the clerk of the court has notified the 90
Driver Services Bureau of a license reinstatement based upon a 91
newly scheduled date for an accused to appear before the court 92
pursuant to paragraph (a) of this subsection, when the accused 93
requests, for a second or subsequent time, a new date for 94
disposition of the same uniform traffic citation, the court may 95
forward to the Driver Services Bureau the driver's license number 96
of the accused. The commissioner of driver services shall suspend 97
the driver's license and driving privilege of the accused until 98
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notified by the clerk of the court that the driver's license of 99
the accused is to be reinstated. Nothing in this subsection shall 100
require a clerk of the court to suspend the driver's license of an 101
accused who schedules a second or subsequent new date for 102
disposition of the same uniform traffic citation pursuant to this 103
subparagraph. 104
(iii) When the accused fails, for a second or 105
subsequent time, to appear for court or otherwise dispose of his 106
or her charges before his or her newly scheduled court appearance 107
for disposition of the same uniform traffic citation, the court 108
may forward to the Driver Services Bureau the driver's license 109
number of the accused. The commissioner of driver services shall 110
suspend the driver's license and driving privileges of the accused 111
until notified by the clerk of the court that the driver's license 112
of the accused is to be reinstated. Nothing in this subsection 113
shall require a clerk of the court to suspend the driver's license 114
of an accused who fails to appear for court pursuant to this 115
subparagraph. 116
(iv) Nothing in this subsection shall prevent a 117
court from establishing a policy or practice, by standing order or 118
otherwise, to reinstate the driver's license of an accused. 119
(v) Any notification to suspend or reinstate the 120
driver's license and driving privileges of the accused shall be 121
compliant with procedures established by the Driver Services 122
Bureau. 123
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SECTION 2. Section 63-1-216, Mississippi Code of 1972, is 124
amended as follows: 125
63-1-216. (1) (a) A person shall be disqualified from 126
driving a commercial motor vehicle for a period of one (1) year if 127
the person's license or permit to drive has been administratively 128
suspended under Section 63-11-23 or the person has been convicted 129
of a first violation of: 130
(i) Operating, attempting to operate, or being in 131
actual physical control of a commercial motor vehicle on a highway 132
with an alcohol concentration of four one-hundredths percent 133
(0.04%) or more, or under the influence as provided in Section 134
63-11-30; 135
(ii) Failure to stop and render aid as required 136
under the laws of this state in the event of a motor vehicle 137
accident resulting in the death or personal injury of another; 138
(iii) Using a motor vehicle in the commission of 139
any offense under state or federal law that is punishable by 140
imprisonment for a term exceeding one (1) year; 141
(iv) Refusal to submit to a test to determine the 142
operator's alcohol concentration, as provided in Title 63, Chapter 143
11, Mississippi Code of 1972; 144
(v) Operating, attempting to operate, or being in 145
actual physical control of a motor vehicle on a highway with an 146
alcohol concentration of eight one-hundredths percent (0.08%) or 147
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more, or under the influence of intoxicating liquor or other 148
substance, as provided in Section 63-11-30; 149
(vi) Operating, attempting to operate, or being in 150
actual physical control of a motor vehicle on a highway when the 151
person is under the influence of any other drug or under the 152
combined influence of alcohol and any other drug to a degree which 153
renders the person incapable of driving safely as provided in 154
Section 63-11-30; 155
(vii) Operating or attempting to operate a 156
commercial motor vehicle while the license is revoked, suspended, 157
cancelled, or disqualified; 158
(viii) Operating a commercial motor vehicle in a 159
negligent manner resulting in a fatal injury. 160
(b) A person shall be disqualified from driving a 161
commercial motor vehicle for three (3) years if convicted of a 162
violation listed in subsection (1) of this section, if the 163
violation occurred while transporting a hazardous material 164
required to be placarded. 165
(c) A person shall be disqualified from driving a 166
commercial motor vehicle for life if convicted of two (2) or more 167
violations or a combination of them listed in subsection (1) of 168
this section arising from two (2) or more separate occurrences. 169
(d) A person shall be disqualified from driving a 170
commercial motor vehicle for a period of sixty (60) days if 171
convicted of two (2) serious traffic violations, or one hundred 172
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twenty (120) days if convicted of three (3) serious traffic 173
violations, arising from separate incidents occurring within a 174
three-year period. A disqualification for three (3) serious 175
traffic violations must be imposed consecutively to any other 176
previous period of disqualification. 177
(e) A person shall be disqualified from driving a 178
commercial motor vehicle for life if the person uses a motor 179
vehicle in the commission of any offense under state or federal 180
law that is punishable by imprisonment for a term exceeding one 181
(1) year involving the manufacture, distribution, or dispensing of 182
a regulated drug, or possession with intent to manufacture, 183
distribute, or dispense a regulated drug and for which the person 184
was convicted. 185
(f) A person who is disqualified from driving a 186
commercial motor vehicle shall surrender the person's Mississippi 187
commercial driver's license no later than the effective date of 188
the disqualification. Upon receipt of the person's commercial 189
driver's license, that person, if otherwise eligible, may apply 190
for a non-CDL, and upon payment of sufficient fees receive the 191
driver's license. 192
(g) The Commissioner of Public Safety shall adopt rules 193
establishing guidelines, including conditions, under which a 194
disqualification for life under this section, except for a 195
disqualification issued pursuant to paragraph (e) of this 196
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subsection, may be reduced to a period of not less than ten (10) 197
years. 198
(h) A person shall be disqualified from driving a 199
commercial motor vehicle for a period of sixty (60) days if the 200
driver is convicted of a first violation of a railroad-highway 201
grade crossing violation. 202
(i) A person shall be disqualified from driving a 203
commercial motor vehicle for a period of one hundred twenty (120) 204
days if, during any three-year period, the driver is convicted of 205
a second railroad-highway grade crossing violation in a separate 206
incident. 207
(j) A person shall be disqualified from driving a 208
commercial motor vehicle for a period of one (1) year if, during 209
any three-year period, the driver is convicted of a third or 210
subsequent railroad-highway grade crossing violation in separate 211
incidents. 212
(k) A person who is simultaneously subject to a 213
disqualification issued by the administrator of the Federal Motor 214
Carrier Safety Administration pursuant to 49 CFR, Part 383.52 and 215
a disqualification under any other provision of this section shall 216
serve those disqualification periods concurrently. 217
(2) (a) A person's privilege to operate a commercial motor 218
vehicle in the State of Mississippi shall be suspended for one (1) 219
year, if: 220
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(i) The person is convicted of a first violation 221
of operating, attempting to operate or being in actual physical 222
control of a commercial motor vehicle on a highway with an alcohol 223
concentration of four one-hundredths percent (0.04%) or more, or 224
under the influence, as provided in Section 63-11-30; and 225
(ii) The person's commercial driver's license is 226
issued by a state or country that does not issue commercial 227
driver's licenses and disqualify persons in accordance with 49 228
CFR, Parts 383 and 384. 229
(b) A person's privilege to operate a commercial motor 230
vehicle in the State of Mississippi shall be suspended for three 231
(3) years if the person is convicted of violating subsection (1) 232
of this section, and the violation occurred while the person was 233
transporting a hazardous material required to be placarded. 234
(c) A person's privilege to operate a commercial motor 235
vehicle in the State of Mississippi shall be suspended for life if 236
the person is convicted a second time of violating subsection (1) 237
of this section, and both convictions arise out of separate 238
occurrences. 239
(d) A person's privilege to operate a commercial motor 240
vehicle in the State of Mississippi shall be suspended for sixty 241
(60) days if the person is convicted of two (2) serious traffic 242
violations, or for one hundred twenty (120) days if the person is 243
convicted of three (3) serious traffic violations, arising from 244
separate incidents occurring within a three-year period. 245
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(e) A person's privilege to operate a commercial motor 246
vehicle in the State of Mississippi shall be suspended for life if 247
the person uses a commercial motor vehicle in the commission of 248
any offense under state or federal law that is punishable by 249
imprisonment for a term exceeding one (1) year, involving the 250
manufacture, distribution, or dispensing of a regulated drug, or 251
possession with intent to manufacture, distribute, or dispense a 252
regulated drug, and for which the person was convicted. 253
(f) In addition to the reasons specified in this 254
section for suspension of the commercial driver's license, the 255
commissioner shall be authorized to suspend the commercial 256
driver's license of any person for being out of compliance with an 257
order for support, as defined in Section 93-11-153. The procedure 258
for suspension of a commercial driver's license for being out of 259
compliance with an order for support, and the procedure for the 260
reissuance or reinstatement of a commercial driver's license 261
suspended for that purpose, and the payment of any fees for the 262
reissuance or reinstatement of a commercial driver's license 263
suspended for that purpose, shall be governed by Section 93-11-157 264
or 93-11-163, as the case may be. If there is any conflict 265
between any provision of Section 93-11-157 or 93-11-163 and any 266
provision of this article, the provisions of Section 93-11-157 or 267
93-11-163, as the case may be, shall control. 268
(g) In addition to the reasons specified in this 269
section for suspension of the commercial driver's license, the 270
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ST: Driver's license; suspend for failure of
accused to appear in court.
commissioner shall be authorized to suspend the commercial 271
driver's license of any person who fails to appear for court or 272
otherwise dispose of his or her charges of a serious traffic 273
violation before his or her scheduled court appearance as 274
prescribed in Section 63-1-51(4). The procedure for suspension of 275
a commercial driver's license for failure to appear, and the 276
procedure for the reissuance or reinstatement of a commercial 277
driver's license suspended for that purpose, and the payment of 278
any fees for the reissuance or reinstatement of a commercial 279
driver's license suspended for that purpose, shall be governed by 280
Section 63-1-51. 281
(3) A person shall be disqualified from driving a commercial 282
motor vehicle for life if the person is convicted of any crime 283
under the Mississippi Human Trafficking Act in Section 97-3-54 et 284
seq. or any felony involving a severe form of trafficking in 285
persons, as defined by 22 USC 7102(11). 286
SECTION 3. This act shall take effect and be in force from 287
and after July 1, 2026. 288