Driver's license; require license to surrender physical possession by placing in physical custody of law enforcement officer for inspection of.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Elliott

HOUSE BILL NO. 308

AN ACT TO AMEND SECTION 63-1-41, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE EVERY LICENSEE OPERATING A MOTOR VEHICLE TO TEMPORARILY 2
SURRENDER THE POSSESSION OF HIS OR HER DRIVER'S LICENSE BY PLACING 3
THE PHYSICAL LICENSE IN THE CUSTODY OF THE LAW ENFORCEMENT OFFICER 4
OR PEACE OFFICER UPON DEMAND FOR PRODUCTION BY SUCH OFFICER FOR 5
PURPOSE OF INSPECTION; TO PROVIDE THAT IF THE LICENSEE ONLY HAS AN 6
ELECTRONIC COPY OF HIS OR HER LICENSE, HE OR SHE SHALL PRODUCE AND 7
DISPLAY THE ELECTRONIC LICENSE ON THE SCREEN OF THE MOBILE DEVICE 8
UPON WHICH IT IS CONTAINED, BUT SHALL NOT BE REQUIRED TO SURRENDER 9
THE MOBILE DEVICE TO THE LAW ENFORCEMENT OFFICER OR PEACE OFFICER 10
FOR FURTHER INSPECTION; TO BRING FORWARD SECTIONS 63-1-35, 63-1-69 11
AND 97-35-7, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE 12
AMENDMENT; AND FOR RELATED PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 63-1-41, Mississippi Code of 1972, is 15
amended as follows: 16
63-1-41. (1) Every licensee shall have the required license 17
in his immediate possession at all times when operating a motor 18
vehicle and shall display the same, upon demand of a justice court 19
judge, * * * law enforcement officer, peace officer or license 20
examiner or other authorized employee of the commissioner. 21
However, no person charged with violating this section shall be 22
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convicted if he produces in court a license theretofore issued to 23
him and valid at the time of his arrest. 24
(2) (a) When a law enforcement officer or peace officer 25
makes a demand of a licensee operating a motor vehicle to produce 26
and display his or her license, the licensee shall remove the 27
license from any purse, wallet or billfold and temporarily 28
surrender possession thereof by placing the physical license in 29
the custody of the law enforcement officer or peace officer making 30
the demand for the purpose of inspection of authenticity of 31
validity, expiration compliance, accurate identifying information 32
and any other reasonable functions within the performance of law 33
enforcement duties that give rise to the demand for the driver's 34
license, which may result in the issuance of a traffic citation. 35
(b) If a licensee does not have a hard copy of his or 36
her license in his or her possession at the time a demand for the 37
license is made by a law enforcement officer or peace officer, but 38
has the license available in electronic format on a mobile device 39
in the form prescribed by the Commissioner of Public Safety under 40
the authority of Section 63-1-35(5), the licensee shall produce 41
and display the electronic license on the screen on the mobile 42
device upon which it is contained. However, the licensee shall 43
not be required to surrender his or her mobile device when 44
allowing the law enforcement officer or peace officer to make 45
inspection thereof upon a demand to produce the license. 46
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SECTION 2. Section 63-1-35, Mississippi Code of 1972, is 47
brought forward as follows: 48
63-1-35. (1) The Commissioner of Public Safety shall 49
prescribe the form of license issued pursuant to this article 50
which shall, among other features, include a driver's license 51
number assigned by the Department of Public Safety. A licensee 52
shall list his social security number with the department which 53
shall cross reference the social security number with the driver's 54
license number for purposes of identification. Additionally, each 55
license shall bear a full-face color photograph of the licensee in 56
such form that the license and the photograph cannot be separated. 57
The photograph shall be taken so that one (1) exposure will 58
photograph the applicant and the application simultaneously on the 59
same film. The department shall use a process in the issuance of 60
a license with a color photograph that shall prevent as nearly as 61
possible any alteration, counterfeiting, duplication, 62
reproduction, forging or modification of the license or the 63
superimposition of a photograph without ready detection. The 64
photograph shall be replaced by the department at the time of 65
renewal. Drivers' licenses, including photographs appearing 66
thereon, may be renewed by electronic means according to rules and 67
regulations promulgated by the commissioner in conformity to 68
Section 27-104-33. 69
(2) The commissioner shall prescribe the form of license 70
issued pursuant to this article to licensees who are not United 71
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States citizens and who do not possess a social security number 72
issued by the United States government. The license of such 73
persons shall include a number and/or other identifying features. 74
(3) Any new, renewal or duplicate driver's license, 75
temporary driving permit or commercial driver's license issued to 76
a person required to register as a sex offender pursuant to 77
Section 45-33-25 shall bear a designation identifying the licensee 78
or permittee as a sex offender. 79
(4) The commissioner is authorized to provide the new, 80
renewal or duplicate driver's license, temporary driving permit or 81
commercial driver's license to any honorably discharged veteran as 82
defined in Title 38 of the United States Code, and such license or 83
permit shall exhibit the letters "Vet" or any other mark 84
identifying the person as a veteran. The veteran requesting the 85
"Vet" designation shall present his DD-214, Military Retiree 86
Identification Card, United States Department of Veterans Affairs 87
Medical Identification Card, United States Department of Veterans 88
Affairs Identification Card or National Guard Form NGB 22. The 89
veteran requesting the "Vet" designation may present his DD-214, 90
Military Retiree Identification Card, United States Department of 91
Veterans Affairs Medical Identification Card, United States 92
Department of Veterans Affairs Identification Card or National 93
Guard Form NGB 22 in person at the Mississippi Department of 94
Public Safety Driver's License Station. 95
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(5) Not later than July 1, 2021, the commissioner shall 96
develop and implement a driver's license or driving permit in 97
electronic format as an additional option for license or permit 98
holders. Acceptable electronic formats include display of 99
electronic images on a cellular phone or any other type of 100
electronic device. 101
(6) If false documents are provided by an individual for 102
purposes of obtaining a veteran driver's license, such action 103
shall be considered fraudulent use of identity under Section 104
97-19-85, Mississippi Code of 1972, and shall be punishable, upon 105
conviction, as a felony pursuant to the provisions of that 106
section. 107
SECTION 3. Section 63-1-69, Mississippi Code of 1972, is 108
brought forward as follows: 109
63-1-69. Any person convicted of a violation of this article 110
or any provisions of said article for which no other penalty is 111
provided shall be punished by a fine of not less than Five Dollars 112
($5.00) and costs and not more than Two Hundred Fifty Dollars 113
($250.00) and costs, or by imprisonment in the county jail for a 114
period of from one to six months, or by both the fine and 115
imprisonment at the discretion of the court. 116
SECTION 4. Section 97-35-7, Mississippi Code of 1972, is 117
brought forward as follows: 118
97-35-7. (1) Whoever, with intent to provoke a breach of 119
the peace, or under such circumstances as may lead to a breach of 120
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the peace, or which may cause or occasion a breach of the peace, 121
fails or refuses to promptly comply with or obey a request, 122
command, or order of a law enforcement officer, having the 123
authority to then and there arrest any person for a violation of 124
the law, to: 125
(a) Move or absent himself and any vehicle or object 126
subject to his control from the immediate vicinity where the 127
request, command or order is given, or 128
(b) Arise, if lying or sitting down, and move to a 129
point designated by said officer outside the immediate area of, or 130
which is affected by the occurrences at, the place of issuing such 131
order, command or request, or 132
(c) Refrain from lying down or sitting down at, or in 133
the immediate vicinity of, the place where said order, request or 134
command is given, or 135
(d) Refrain from obstructing, with his body or any part 136
thereof, or in any manner, the lawful movement or passage of any 137
vehicle, or 138
(e) Refrain from placing, or permitting, or cooperating 139
with another to place, his body or any part thereof, in front of 140
or behind any vehicle, in such manner as to interfere with, or 141
prevent its movement or block its path in lawful movement, or 142
(f) Refrain from chaining or tying or binding himself 143
or another to any object or person, or 144
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(g) Unbind, unchain or loosen himself, or remove 145
himself, from any chain or other means whereby he may be prevented 146
from moving away from the place or the immediate vicinity where he 147
may be when such officer issues said order, request or command, or 148
(h) Walk or move to, enter and remain in, either or 149
both, as may be directed by such officer, any police or other 150
vehicle operated by any law enforcement officer or department, or 151
any other vehicle designated by such an officer, or 152
(i) Act or do or refrain from acting or doing as 153
ordered, requested or commanded by said officer to avoid any 154
breach of the peace at or near the place of issuance of such 155
order, request or command, shall be guilty of disorderly conduct, 156
which is made a misdemeanor and, upon conviction thereof, such 157
person or persons shall be punished by a fine of not more than 158
Five Hundred Dollars ($500.00) or imprisonment in the county jail 159
for not more than six (6) months, or by both such fine and 160
imprisonment. 161
(2) Any person who causes, or aids, or encourages, or abets 162
another to violate, or in violating, any provision of subsection 163
(1) hereof, shall be guilty of disorderly conduct which is made a 164
misdemeanor and, upon conviction thereof, such person or persons 165
shall be punished by a fine of not more than Five Hundred Dollars 166
($500.00) or imprisonment in the county jail for not more than six 167
(6) months, or by both such fine and imprisonment. 168
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ST: Driver's license; require license to
surrender physical possession by placing in
physical custody of law enforcement officer for
inspection of.
(3) If any person alone or in concert with others violates 169
subsection (1) or (2) hereof, or both, under such circumstances or 170
in such a manner as to evince a willful and wanton disregard for 171
the life or safety of another and if as a result thereof another 172
person or persons be injured, maimed or killed, the person or 173
persons so violating subsection (1) or (2) hereof, or both, shall 174
be guilty of a felony and, upon conviction thereof, such person or 175
persons shall be imprisoned in the State Penitentiary not longer 176
than five (5) years or be fined not more than Two Thousand Dollars 177
($2,000.00), or both such fine and imprisonment. 178
(4) The act of breastfeeding shall not constitute disorderly 179
conduct. 180
(5) The provisions of this section are supplementary to the 181
provisions of any other statutes of this state. 182
SECTION 5. This act shall take effect and be in force from 183
and after July 1, 2026. 184