Texting while driving; change from civil to traffic violation and increase penalty.

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To: Transportation;
Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Newman

HOUSE BILL NO. 291

AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO 1
PROHIBIT TEXTING WHILE DRIVING AND MAKING INFRACTIONS THEREOF A 2
TRAFFIC VIOLATION RATHER THAN A CIVIL VIOLATION; TO IMPOSE A 3
$100.00 FINE FOR EACH VIOLATION; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 63-33-1, Mississippi Code of 1972, is 6
amended as follows: 7
63-33-1. (1) For purposes of this section, the following 8
terms shall have the meanings ascribed in this subsection, unless 9
the context clearly indicates otherwise: 10
(a) "Hand-held mobile telephone" means a mobile 11
telephone or other portable electronic communication device with 12
which a user engages in a call or writes, sends or reads a text 13
message using at least one (1) hand. The term "hand-held mobile 14
telephone" shall not include a voice-operated or hands-free 15
device; 16
(b) "Motor vehicle" means a vehicle driven or drawn by 17
mechanical power and manufactured primarily for use on public 18
highways; 19
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(c) "Social networking site" means any web-based 20
service that allows individuals to construct a profile within a 21
founded system, articulate a list of other users with whom they 22
share a connection, and communicate with other users of the site; 23
(d) "Text message" includes a text-based message, 24
instant message, electronic message, and email, but shall not 25
include an emergency, traffic or weather alert or a message 26
related to the operation or navigation of the motor vehicle; 27
(e) "Voice-operated or hands-free device" means a 28
device that allows the user to write, send, or read a text message 29
without the use of either hand except to activate, deactivate, or 30
initiate a feature or function; and 31
(f) "Writing," "sending" and "reading," with respect to 32
a text message, means the manual entry, sending, or retrieval of a 33
text message, respectively, to communicate with any person or 34
device. 35
(2) An operator of a moving motor vehicle is prohibited from 36
physically holding or supporting a hand-held mobile telephone 37
while writing, sending, or reading a text message and from 38
accessing, reading or posting to a social networking site using a 39
hand-held mobile telephone while driving said motor vehicle. 40
(3) A violation of this section is a * * * traffic 41
violation, and upon * * * conviction, is punishable by a * * * 42
fine of One Hundred Dollars ($100.00) * * *. 43
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ST: Texting while driving; change from civil to
traffic violation and increase penalty.
(4) The Department of Public Safety shall keep and maintain 44
records of citations issued under this section, including the age 45
and race of the vehicle operator, whether there was an additional 46
traffic violation by the vehicle operator, and whether there was a 47
crash or any damage to a vehicle or passenger at the time of the 48
citation. 49
SECTION 2. This act shall take effect and be in force from 50
and after July 1, 2026. 51