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H. B. No. 354 *HR26/R325* ~ OFFICIAL ~ G1/2
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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Elliott
HOUSE BILL NO. 354
AN ACT TO AMEND SECTION 63-3-411, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE LAW ENFORCEMENT OFFICERS RESPONDING TO THE SCENE OF A 2
MOTOR VEHICLE ACCIDENT THAT HALTS THE FLOW OF TRAFFIC AS THE 3
RESULT OF ONE OR MORE LANES BEING OBSTRUCTED, TO PROVIDE 4
REASONABLE NOTICE TO APPROACHING MOTORISTS OF THE ACCIDENT AHEAD 5
AND SUBSEQUENT DELAY WITHIN 1,295 FEET OR ONE-QUARTER MILE OF THE 6
CRASH SITE AND LANE OBSTRUCTION; TO PRESCRIBE THE MANNER BY WHICH 7
SUCH NOTICE MAY BE COMMUNICATED TO OTHER MOTORISTS; TO PROVIDE 8
THAT THE NOTICE SHALL NOT BE REQUIRED WHEN THE LAW ENFORCEMENT 9
OFFICER MAKES A DETERMINATION THAT NOTICE IS NEITHER POSSIBLE NOR 10
PRACTICABLE UNDER THE CIRCUMSTANCES; AND FOR RELATED PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 63-3-411, Mississippi Code of 1972, is 13
amended as follows: 14
63-3-411. (1) The driver of a vehicle involved in an 15
accident resulting in injury to or death of any person or total 16
property damage to an apparent extent of Five Hundred Dollars 17
($500.00) or more shall immediately, by the quickest means of 18
communication, give notice of the collision to the local police 19
department if the collision occurs within an incorporated 20
municipality, or if the collision occurs outside of an 21
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incorporated municipality to the nearest sheriff's office or 22
highway patrol station. 23
(2) The department may require any driver of a vehicle 24
involved in an accident, of which report must be made as provided 25
in this section, to file supplemental reports whenever the 26
original report is insufficient in the opinion of the department. 27
Additionally, the department may require witnesses of accidents to 28
render reports to the department. 29
(3) It shall be the duty of the highway patrol or the 30
sheriff's office to investigate all accidents required to be 31
reported by this section when the accident occurs outside the 32
corporate limits of a municipality, and it shall be the duty of 33
the police department of each municipality to investigate all 34
accidents required to be reported by this section when the 35
accidents occur within the corporate limits of the municipality. 36
Every law enforcement officer who investigates an accident as 37
required by this subsection, whether the investigation is made at 38
the scene of the accident or by subsequent investigation and 39
interviews, shall forward within six (6) days after completing the 40
investigation a written report of the accident to the department 41
if the accident occurred outside the corporate limits of a 42
municipality, or to the police department of the municipality if 43
the accident occurred within the corporate limits of such 44
municipality. Police departments shall forward such reports to 45
the department within six (6) days of the date of the accident. 46
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(4) Whenever an engineer of a railroad locomotive, or other 47
person in charge of a train, is required to show proof of his 48
identity under the provisions of this article, in connection with 49
operation of such locomotive, to any law enforcement officer, such 50
person shall not be required to display his operator's or 51
chauffeur's license but shall display his railroad employee 52
number. 53
(5) In addition to the information required on the 54
"statewide uniform traffic accident report" forms provided by 55
Section 63-3-415, the department shall require the parties 56
involved in an accident and the witnesses of such accident to 57
furnish their phone numbers in order to assist the investigation 58
by law enforcement officers. 59
(6) (a) When responding and reporting to an accident that 60
has caused the flow of traffic to be halted upon the public 61
roadways as a result of one or more lanes of traffic being 62
obstructed so as to prevent motorists from safely navigating 63
around the accident, it shall be the duty of law enforcement 64
officers with the highway patrol, sheriff's office or police 65
department working the accident scene to provide approaching 66
motorists with reasonable notification of the accident and 67
subsequent delay within one thousand two hundred ninety-five 68
(1,295) feet or one-quarter (1/4) mile of the crash site and lane 69
obstruction. For purposes of this subsection, reasonable 70
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notification, when the speed limit upon the affected roadway is 71
taken into consideration, may be satisfied by: 72
(i) Stationing another law enforcement officer in 73
his or her patrol vehicle with the oscillating blue lights 74
activated at the beginning of the required notification distance 75
of the accident, and who, in his or her discretion may occupy the 76
shoulder of the roadway upon which the accident occurred to 77
physically signal to approaching motorist the need to decrease 78
speed and proceed with caution through the scene of the accident; 79
(ii) Placing signage in highly visible locations 80
along the right-of-way that indicates the accident ahead, 81
beginning at the required notification distance of the accident 82
and recurring every five hundred (500) feet; or 83
(iii) Contacting the appropriate agency 84
responsible for digital overhead signage upon public roads for the 85
placement of a digital display, warning motorists of the accident 86
ahead if the accident occurred within the region of the sign's 87
operation. 88
(b) The notification requirement of paragraph (a) of 89
this subsection shall not be applicable when the responding law 90
enforcement officer, in his or her professional judgement, after 91
reasonable assessment of the accident scene, determines that it is 92
neither possible nor practicable, under the circumstances, to 93
provide such notification. 94
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ST: Traffic accidents; require law enforcement
officers to provide notification of to
approaching motorists at least a certain
distance from.
SECTION 2. This act shall take effect and be in force from 95
and after July 1, 2026. 96