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HB57 • 2026

DUI; require those convicted to pay child support.

AN ACT TO CREATE A NEW PENALTY FOR ANY PERSON WHO KILLS ANOTHER PERSON WHILE DRIVING UNDER THE INFLUENCE; TO REQUIRE A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE TO PAY CHILD SUPPORT TO THE CHILD OF ANY PERSON KILLED AS A RESULT OF THE VIOLATION; TO BRING FORWARD SECTION 63-11-30, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PENALTIES FOR DRIVING UNDER THE INFLUENCE, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

Children
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Arnold
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass and was never signed into law. Therefore, specific enforcement details are not provided in the official text.

DUI; Require Child Support for Victims' Children

This bill requires people convicted of driving under the influence (DUI) that resulted in someone's death to pay child support to the children of the deceased victim.

What This Bill Does

  • Creates a new penalty for anyone who kills another person while driving under the influence.
  • Requires those convicted of DUI to pay child support to any minor child whose parent was killed due to the violation.
  • Amends Section 63-11-30 of the Mississippi Code, which outlines penalties for DUI offenses.

Who It Names or Affects

  • People convicted of DUI who caused someone's death
  • Children under 18 whose parent was killed by a drunk driver

Terms To Know

DUI
Driving Under the Influence, which means driving while intoxicated or impaired.
Restitution
Money paid to someone as compensation for a loss or injury caused by another person's actions.

Limits and Unknowns

  • The bill did not pass and was never signed into law.
  • It does not specify how the child support payments will be enforced if the defendant is in prison.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-07 Mississippi Legislative Bill Status System

    01/07 (H) Referred To Judiciary B

Official Summary Text

DUI; require those convicted to pay child support.

Current Bill Text

Read the full stored bill text
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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Arnold

HOUSE BILL NO. 57

AN ACT TO CREATE A NEW PENALTY FOR ANY PERSON WHO KILLS 1
ANOTHER PERSON WHILE DRIVING UNDER THE INFLUENCE; TO REQUIRE A 2
PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE TO PAY CHILD 3
SUPPORT TO THE CHILD OF ANY PERSON KILLED AS A RESULT OF THE 4
VIOLATION; TO BRING FORWARD SECTION 63-11-30, MISSISSIPPI CODE OF 5
1972, WHICH PROVIDES THE PENALTIES FOR DRIVING UNDER THE 6
INFLUENCE, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. (1) The court shall order a defendant convicted 9
of an offense under Section 63-11-30 that resulted in the death of 10
a person to pay restitution to each child of the deceased victim 11
of the offense who is eighteen (18) years of age or younger. 12
(2) The court shall determine a restitution amount to be 13
paid monthly for the support of the child until the child is above 14
eighteen (18) years of age or has graduated from high school, 15
whichever is later. 16
(3) The defendant may not be required to pay restitution 17
under this act to any person who is nineteen (19) years of age or 18
older. 19
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(4) The court shall determine an amount for restitution 20
under this act that is reasonable and necessary to support the 21
child, considering all relevant factors including: 22
(a) The financial needs and resources of the child; 23
(b) The financial needs and resources of the surviving 24
parent or guardian, or other current guardian of the child or, if 25
applicable, the financial resources of the state if Child 26
Protection Services has been appointed as temporary or permanent 27
managing conservator of the child; 28
(c) The standard of living to which the child is 29
accustomed; 30
(d) The physical and emotional condition of the child 31
and the child's educational needs; 32
(e) The child's physical and legal custody 33
arrangements; and 34
(f) The reasonable work-related child care expenses of 35
the surviving parent or guardian or other current guardian, if 36
applicable. 37
(5) The order must require restitution payments to be: 38
(a) Delivered in the manner described by this act; and 39
(b) Directed to the parent or guardian of the child or 40
the Child Protection Services, as applicable. 41
(6) If a defendant ordered to pay restitution under this act 42
is unable to make the required restitution payments because the 43
defendant is confined or imprisoned in a correctional facility, 44
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the defendant shall begin payments not later than the first 45
anniversary of the date of the defendant's release from the 46
facility. The defendant may enter into a payment plan to address 47
any arrearage that exists on the date of the defendant's release. 48
The defendant must pay all arrearages regardless of whether the 49
restitution payments were scheduled to terminate while the 50
defendant was confined or imprisoned in the correctional facility. 51
(7) The amount of restitution paid under this act shall be 52
deducted from any civil judgment rendered by a court of law 53
against the defendant. 54
(8) A restitution order issued under this act may be 55
enforced by the state, or by a person or a parent or guardian of 56
the person named in the order to receive the restitution, in the 57
same manner as a judgment in a civil action. 58
SECTION 2. Section 63-11-30, Mississippi Code of 1972, is 59
brought forward as follows: 60
63-11-30. (1) It is unlawful for a person to drive or 61
otherwise operate a vehicle within this state if the person: 62
(a) Is under the influence of intoxicating liquor; 63
(b) Is under the influence of any other substance that 64
has impaired the person's ability to operate a motor vehicle; 65
(c) Is under the influence of any drug or controlled 66
substance, the possession of which is unlawful under the 67
Mississippi Controlled Substances Law; or 68
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(d) Has an alcohol concentration in the person's blood, 69
based upon grams of alcohol per one hundred (100) milliliters of 70
blood, or grams of alcohol per two hundred ten (210) liters of 71
breath, as shown by a chemical analysis of the person's breath, 72
blood or urine administered as authorized by this chapter, of: 73
(i) Eight one-hundredths percent (.08%) or more 74
for a person who is above the legal age to purchase alcoholic 75
beverages under state law; 76
(ii) Two one-hundredths percent (.02%) or more for 77
a person who is below the legal age to purchase alcoholic 78
beverages under state law; or 79
(iii) Four one-hundredths percent (.04%) or more 80
for a person operating a commercial motor vehicle. 81
(2) Except as otherwise provided in subsection (3) of this 82
section (Zero Tolerance for Minors): 83
(a) First offense DUI. (i) Upon conviction of any 84
person for the first offense of violating subsection (1) of this 85
section where chemical tests under Section 63-11-5 were given, or 86
where chemical test results are not available, the person shall be 87
fined not less than Two Hundred Fifty Dollars ($250.00) nor more 88
than One Thousand Dollars ($1,000.00), or imprisoned for not more 89
than forty-eight (48) hours in jail, or both; the court shall 90
order the person to attend and complete an alcohol safety 91
education program as provided in Section 63-11-32 within six (6) 92
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months of sentencing. The court may substitute attendance at a 93
victim impact panel instead of forty-eight (48) hours in jail. 94
(ii) Suspension of commercial driving privileges 95
is governed by Section 63-1-216. 96
(iii) A qualifying first offense may be 97
nonadjudicated by the court under subsection (14) of this section. 98
The holder of a commercial driver's license or a commercial 99
learning permit at the time of the offense is ineligible for 100
nonadjudication. 101
(iv) Eligibility for an interlock-restricted 102
license is governed by Section 63-11-31 and suspension of regular 103
driving privileges is governed by Section 63-11-23. 104
(b) Second offense DUI. (i) Upon any second 105
conviction of any person violating subsection (1) of this section, 106
the offenses being committed within a period of five (5) years, 107
the person shall be guilty of a misdemeanor, fined not less than 108
Six Hundred Dollars ($600.00) nor more than One Thousand Five 109
Hundred Dollars ($1,500.00), shall be imprisoned not less than 110
five (5) days nor more than six (6) months and sentenced to 111
community service work for not less than ten (10) days nor more 112
than six (6) months. The minimum penalties shall not be suspended 113
or reduced by the court and no prosecutor shall offer any 114
suspension or sentence reduction as part of a plea bargain. 115
(ii) Suspension of commercial driving privileges 116
is governed by Section 63-1-216. 117
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(iii) Eligibility for an interlock-restricted 118
license is governed by Section 63-11-31 and suspension of regular 119
driving privileges is governed by Section 63-11-23. 120
(c) Third offense DUI. (i) For a third conviction of 121
a person for violating subsection (1) of this section, the 122
offenses being committed within a period of five (5) years, the 123
person shall be guilty of a felony and fined not less than Two 124
Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars 125
($5,000.00), and shall serve not less than one (1) year nor more 126
than five (5) years in the custody of the Department of 127
Corrections. For any offense that does not result in serious 128
injury or death to any person, the sentence of incarceration may 129
be served in the county jail rather than in the State Penitentiary 130
at the discretion of the circuit court judge. The minimum 131
penalties shall not be suspended or reduced by the court and no 132
prosecutor shall offer any suspension or sentence reduction as 133
part of a plea bargain. 134
(ii) The suspension of commercial driving 135
privileges is governed by Section 63-1-216. 136
(iii) The suspension of regular driving privileges 137
is governed by Section 63-11-23. 138
(d) Fourth and subsequent offense DUI. (i) For any 139
fourth or subsequent conviction of a violation of subsection (1) 140
of this section, without regard to the time period within which 141
the violations occurred, the person shall be guilty of a felony 142
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and fined not less than Three Thousand Dollars ($3,000.00) nor 143
more than Ten Thousand Dollars ($10,000.00), and shall serve not 144
less than two (2) years nor more than ten (10) years in the 145
custody of the Department of Corrections. 146
(ii) The suspension of commercial driving 147
privileges is governed by Section 63-1-216. 148
(iii) A person convicted of a fourth or subsequent 149
offense is ineligible to exercise the privilege to operate a motor 150
vehicle that is not equipped with an ignition-interlock device for 151
ten (10) years. 152
(e) Any person convicted of a second or subsequent 153
violation of subsection (1) of this section shall receive an 154
in-depth diagnostic assessment, and if as a result of the 155
assessment is determined to be in need of treatment for alcohol or 156
drug abuse, the person must successfully complete treatment at a 157
program site certified by the Department of Mental Health. Each 158
person who receives a diagnostic assessment shall pay a fee 159
representing the cost of the assessment. Each person who 160
participates in a treatment program shall pay a fee representing 161
the cost of treatment. 162
(f) The use of ignition-interlock devices is governed 163
by Section 63-11-31. 164
(3) Zero tolerance for minors. (a) This subsection shall 165
be known and may be cited as Zero Tolerance for Minors. The 166
provisions of this subsection shall apply only when a person under 167
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the age of twenty-one (21) years has a blood alcohol concentration 168
of two one-hundredths percent (.02%) or more, but lower than eight 169
one-hundredths percent (.08%). If the person's blood alcohol 170
concentration is eight one-hundredths percent (.08%) or more, the 171
provisions of subsection (2) shall apply. 172
(b) (i) A person under the age of twenty-one (21) is 173
eligible for nonadjudication of a qualifying first offense by the 174
court pursuant to subsection (14) of this section. 175
(ii) Upon conviction of any person under the age 176
of twenty-one (21) years for the first offense of violating 177
subsection (1) of this section where chemical tests provided for 178
under Section 63-11-5 were given, or where chemical test results 179
are not available, the person shall be fined Two Hundred Fifty 180
Dollars ($250.00); the court shall order the person to attend and 181
complete an alcohol safety education program as provided in 182
Section 63-11-32 within six (6) months. The court may also 183
require attendance at a victim impact panel. 184
(c) A person under the age of twenty-one (21) years who 185
is convicted of a second violation of subsection (1) of this 186
section, the offenses being committed within a period of five (5) 187
years, shall be fined not more than Five Hundred Dollars 188
($500.00). 189
(d) A person under the age of twenty-one (21) years who 190
is convicted of a third or subsequent violation of subsection (1) 191
of this section, the offenses being committed within a period of 192
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five (5) years, shall be fined not more than One Thousand Dollars 193
($1,000.00). 194
(e) License suspension is governed by Section 63-11-23 195
and ignition interlock is governed by Section 63-11-31. 196
(f) Any person under the age of twenty-one (21) years 197
convicted of a third or subsequent violation of subsection (1) of 198
this section must complete treatment of an alcohol or drug abuse 199
program at a site certified by the Department of Mental Health. 200
(4) DUI test refusal. In addition to the other penalties 201
provided in this section, every person refusing a law enforcement 202
officer's request to submit to a chemical test of the person's 203
breath as provided in this chapter, or who was unconscious at the 204
time of a chemical test and refused to consent to the introduction 205
of the results of the test in any prosecution, shall suffer an 206
additional administrative suspension of driving privileges as set 207
forth in Section 63-11-23. 208
(5) Aggravated DUI. (a) (i) Except as otherwise provided 209
in subparagraph (ii) of this paragraph (a), every person who 210
operates any motor vehicle in violation of the provisions of 211
subsection (1) of this section and who in a negligent manner 212
causes the death of another or mutilates, disfigures, permanently 213
disables or destroys the tongue, eye, lip, nose or any other limb, 214
organ or member of another shall, upon conviction, be guilty of a 215
separate felony for each victim who suffers death, mutilation, 216
disfigurement or other injury and shall be committed to the 217
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custody of the State Department of Corrections for a period of 218
time of not less than five (5) years and not to exceed twenty-five 219
(25) years for each death, mutilation, disfigurement or other 220
injury, and the imprisonment for the second or each subsequent 221
conviction, in the discretion of the court, shall commence either 222
at the termination of the imprisonment for the preceding 223
conviction or run concurrently with the preceding conviction. Any 224
person charged with causing the death of another as described in 225
this subsection shall be required to post bail before being 226
released after arrest. 227
(ii) Every person who is below the legal age to 228
purchase alcoholic beverages under state law and has an alcohol 229
concentration in the person's blood, based upon grams of alcohol 230
per one hundred (100) milliliters of blood, or grams of alcohol 231
per two hundred ten (210) liters of breath, as shown by a chemical 232
analysis of the person's breath, blood or urine administered as 233
authorized by this chapter, of eight one-hundredths percent 234
(0.08%) or more and who in a negligent manner causes the death of 235
another or mutilates, disfigures, permanently disables or destroys 236
the tongue, eye, lip, nose or any other limb, organ or member of 237
another shall, upon conviction, be guilty of a separate felony for 238
each victim who suffers death, mutilation, disfigurement or other 239
injury and shall be committed to the custody of the State 240
Department of Corrections for a period of time not less than five 241
(5) years and not to exceed twenty-five (25) years for each death, 242
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mutilation, disfigurement or other injury, and the imprisonment 243
for the second or each subsequent conviction, in the discretion of 244
the court, shall commence either at the termination of the 245
imprisonment for the preceding conviction or run concurrently with 246
the preceding conviction. Any such person charged with causing 247
the death of another as described in this subparagraph shall be 248
required to post bail before being released after arrest. 249
(b) A holder of a commercial driver's license who is 250
convicted of operating a commercial motor vehicle with an alcohol 251
concentration of eight one-hundredths percent (.08%) or more shall 252
be guilty of a felony and shall be committed to the custody of the 253
Department of Corrections for not less than two (2) years and not 254
more than ten (10) years. 255
(c) The court shall order an ignition-interlock 256
restriction on the offender's privilege to drive as a condition of 257
probation or post-release supervision not to exceed five (5) years 258
unless a longer restriction is required under other law. The 259
ignition-interlock restriction shall not be applied to commercial 260
license privileges until the driver serves the full 261
disqualification period required by Section 63-1-216. 262
(6) DUI citations. (a) Upon conviction of a violation of 263
subsection (1) of this section, the trial judge shall sign in the 264
place provided on the traffic ticket, citation or affidavit 265
stating that the person arrested either employed an attorney or 266
waived his right to an attorney after having been properly 267
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advised. If the person arrested employed an attorney, the name, 268
address and telephone number of the attorney shall be written on 269
the ticket, citation or affidavit. The court clerk must 270
immediately send a copy of the traffic ticket, citation or 271
affidavit, and any other pertinent documents concerning the 272
conviction or other order of the court, to the Department of 273
Public Safety as provided in Section 63-11-37. 274
(b) A copy of the traffic ticket, citation or affidavit 275
and any other pertinent documents, having been attested as true 276
and correct by the Commissioner of Public Safety, or his designee, 277
shall be sufficient proof of the conviction for purposes of 278
determining the enhanced penalty for any subsequent convictions of 279
violations of subsection (1) of this section. The Department of 280
Public Safety shall maintain a central database for verification 281
of prior offenses and convictions. 282
(7) Out-of-state prior convictions. Convictions in another 283
state, territory or possession of the United States, or under the 284
law of a federally recognized Native American tribe, of violations 285
for driving or operating a vehicle while under the influence of an 286
intoxicating liquor or while under the influence of any other 287
substance that has impaired the person's ability to operate a 288
motor vehicle occurring within five (5) years before an offense 289
shall be counted for the purposes of determining if a violation of 290
subsection (1) of this section is a second, third, fourth or 291
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subsequent offense and the penalty that shall be imposed upon 292
conviction for a violation of subsection (1) of this section. 293
(8) Charging of subsequent offenses. (a) For the purposes 294
of determining how to impose the sentence for a second, third, 295
fourth or subsequent conviction under this section, the affidavit 296
or indictment shall not be required to enumerate previous 297
convictions. It shall only be necessary that the affidavit or 298
indictment states the number of times that the defendant has been 299
convicted and sentenced within the past five (5) years for a 300
second or third offense, or without a time limitation for a fourth 301
or subsequent offense, under this section to determine if an 302
enhanced penalty shall be imposed. The amount of fine and 303
imprisonment imposed in previous convictions shall not be 304
considered in calculating offenses to determine a second, third, 305
fourth or subsequent offense of this section. 306
(b) Before a defendant enters a plea of guilty to an 307
offense under this section, law enforcement must submit 308
certification to the prosecutor that the defendant's driving 309
record, the confidential registry and National Crime Information 310
Center record have been searched for all prior convictions, 311
nonadjudications, pretrial diversions and arrests for driving or 312
operating a vehicle while under the influence of an intoxicating 313
liquor or while under the influence of any other substance that 314
has impaired the person's ability to operate a motor vehicle. The 315
results of the search must be included in the certification. 316
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(9) License eligibility for underage offenders. A person 317
who is under the legal age to obtain a license to operate a motor 318
vehicle at the time of the offense and who is convicted under this 319
section shall not be eligible to receive a driver's license until 320
the person reaches the age of eighteen (18) years. 321
(10) License suspensions and restrictions to run 322
consecutively. Suspension or restriction of driving privileges 323
for any person convicted of or nonadjudicated for violations of 324
subsection (1) of this section shall run consecutively to and not 325
concurrently with any other administrative license suspension. 326
(11) Ignition interlock. If the court orders installation 327
and use of an ignition-interlock device as provided in Section 328
63-11-31 for every vehicle operated by a person convicted or 329
nonadjudicated under this section, each device shall be installed, 330
maintained and removed as provided in Section 63-11-31. 331
(12) DUI child endangerment. A person over the age of 332
twenty-one (21) who violates subsection (1) of this section while 333
transporting in a motor vehicle a child under the age of sixteen 334
(16) years is guilty of the separate offense of endangering a 335
child by driving under the influence of alcohol or any other 336
substance which has impaired the person's ability to operate a 337
motor vehicle. The offense of endangering a child by driving 338
under the influence of alcohol or any other substance which has 339
impaired the person's ability to operate a motor vehicle shall not 340
be merged with an offense of violating subsection (1) of this 341
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section for the purposes of prosecution and sentencing. An 342
offender who is convicted of a violation of this subsection shall 343
be punished as follows: 344
(a) A person who commits a violation of this subsection 345
which does not result in the serious injury or death of a child 346
and which is a first conviction shall be guilty of a misdemeanor 347
and, upon conviction, shall be fined not more than One Thousand 348
Dollars ($1,000.00) or shall be imprisoned for not more than 349
twelve (12) months, or both; 350
(b) A person who commits a violation of this subsection 351
which does not result in the serious injury or death of a child 352
and which is a second conviction shall be guilty of a misdemeanor 353
and, upon conviction, shall be fined not less than One Thousand 354
Dollars ($1,000.00) nor more than Five Thousand Dollars 355
($5,000.00) or shall be imprisoned for one (1) year, or both; 356
(c) A person who commits a violation of this subsection 357
which does not result in the serious injury or death of a child 358
and which is a third or subsequent conviction shall be guilty of a 359
felony and, upon conviction, shall be fined not less than Ten 360
Thousand Dollars ($10,000.00) or shall be imprisoned for not less 361
than one (1) year nor more than five (5) years, or both; and 362
(d) A person who commits a violation of this subsection 363
which results in the serious injury or death of a child, without 364
regard to whether the offense was a first, second, third or 365
subsequent offense, shall be guilty of a felony and, upon 366
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conviction, shall be punished by a fine of not less than Ten 367
Thousand Dollars ($10,000.00) and shall be imprisoned for not less 368
than five (5) years nor more than twenty-five (25) years. 369
(13) Expunction. (a) Any person convicted under subsection 370
(2) or (3) of this section of a first offense of driving under the 371
influence and who was not the holder of a commercial driver's 372
license or a commercial learning permit at the time of the offense 373
may petition the circuit court of the county in which the 374
conviction was had for an order to expunge the record of the 375
conviction at least five (5) years after successful completion of 376
all terms and conditions of the sentence imposed for the 377
conviction. Expunction under this subsection will only be 378
available to a person: 379
(i) Who has successfully completed all terms and 380
conditions of the sentence imposed for the conviction; 381
(ii) Who did not refuse to submit to a test of his 382
blood or breath; 383
(iii) Whose blood alcohol concentration tested 384
below sixteen one-hundredths percent (.16%) if test results are 385
available; 386
(iv) Who has not been convicted of and does not 387
have pending any other offense of driving under the influence; 388
(v) Who has provided the court with justification 389
as to why the conviction should be expunged; and 390
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(vi) Who has not previously had a nonadjudication 391
or expunction of a violation of this section. 392
(b) A person is eligible for only one (1) expunction 393
under this subsection, and the Department of Public Safety shall 394
maintain a permanent confidential registry of all cases of 395
expunction under this subsection for the sole purpose of 396
determining a person's eligibility for expunction, for 397
nonadjudication, or as a first offender under this section. 398
(c) The court in its order of expunction shall state in 399
writing the justification for which the expunction was granted and 400
forward the order to the Department of Public Safety within five 401
(5) days of the entry of the order. 402
(14) Nonadjudication. (a) For the purposes of this 403
chapter, "nonadjudication" means that the court withholds 404
adjudication of guilt and sentencing, either at the conclusion of 405
a trial on the merits or upon the entry of a plea of guilt by a 406
defendant, and places the defendant in a nonadjudication program 407
conditioned upon the successful completion of the requirements 408
imposed by the court under this subsection. 409
(b) A person is eligible for nonadjudication of an 410
offense under this Section 63-11-30 only one (1) time under any 411
provision of a law that authorizes nonadjudication and only for an 412
offender: 413
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(i) Who has successfully completed all terms and 414
conditions imposed by the court after placement of the defendant 415
in a nonadjudication program; 416
(ii) Who was not the holder of a commercial 417
driver's license or a commercial learning permit at the time of 418
the offense; 419
(iii) Who has not previously been convicted of and 420
does not have pending any former or subsequent charges under this 421
section; and 422
(iv) Who has provided the court with justification 423
as to why nonadjudication is appropriate. 424
(c) Nonadjudication may be initiated upon the filing of 425
a petition for nonadjudication or at any stage of the proceedings 426
in the discretion of the court; the court may withhold 427
adjudication of guilt, defer sentencing, and upon the agreement of 428
the offender to participate in a nonadjudication program, enter an 429
order imposing requirements on the offender for a period of court 430
supervision before the order of nonadjudication is entered. 431
Failure to successfully complete a nonadjudication program 432
subjects the person to adjudication of the charges against him and 433
to imposition of all penalties previously withheld due to entrance 434
into a nonadjudication program. The court shall immediately 435
inform the commissioner of the conviction as required in Section 436
63-11-37. 437
(i) The court shall order the person to: 438
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1. Pay the nonadjudication fee imposed under 439
Section 63-11-31 if applicable; 440
2. Pay all fines, penalties and assessments 441
that would have been imposed for conviction; 442
3. Attend and complete an alcohol safety 443
education program as provided in Section 63-11-32 within six (6) 444
months of the date of the order; 445
4. a. If the court determines that the 446
person violated this section with respect to alcohol or 447
intoxicating liquor, the person must install an ignition-interlock 448
device on every motor vehicle operated by the person, obtain an 449
interlock-restricted license, and maintain that license for one 450
hundred twenty (120) days or suffer a one-hundred-twenty-day 451
suspension of the person's regular driver's license, during which 452
time the person must not operate any vehicle. 453
b. If the court determines that the 454
person violated this section by operating a vehicle when under the 455
influence of a substance other than alcohol that has impaired the 456
person's ability to operate a motor vehicle, including any drug or 457
controlled substance which is unlawful to possess under the 458
Mississippi Controlled Substances Law, the person must submit to a 459
one-hundred-twenty-day period of a nonadjudication program that 460
includes court-ordered drug testing at the person's own expense 461
not less often than every thirty (30) days, during which time the 462
person may drive if compliant with the terms of the program, or 463
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suffer a one-hundred-twenty-day suspension of the person's regular 464
driver's license, during which time the person will not operate 465
any vehicle. 466
(ii) Other conditions that may be imposed by the 467
court include, but are not limited to, alcohol or drug screening, 468
or both, proof that the person has not committed any other traffic 469
violations while under court supervision, proof of immobilization 470
or impoundment of vehicles owned by the offender if required, and 471
attendance at a victim-impact panel. 472
(d) The court may enter an order of nonadjudication 473
only if the court finds, after a hearing or after ex parte 474
examination of reliable documentation of compliance, that the 475
offender has successfully completed all conditions imposed by law 476
and previous orders of the court. The court shall retain 477
jurisdiction over cases involving nonadjudication for a period of 478
not more than two (2) years. 479
(e) (i) The clerk shall immediately forward a record 480
of every person placed in a nonadjudication program and of every 481
nonadjudication order to the Department of Public Safety for 482
inclusion in the permanent confidential registry of all cases that 483
are nonadjudicated under this subsection (14). 484
(ii) Judges, clerks and prosecutors involved in 485
the trial of implied consent violations and law enforcement 486
officers involved in the issuance of citations for implied consent 487
violations shall have secure online access to the confidential 488
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ST: DUI; require those convicted to pay child
support.
registry for the purpose of determining whether a person has 489
previously been the subject of a nonadjudicated case and 1. is 490
therefore ineligible for another nonadjudication; 2. is ineligible 491
as a first offender for a violation of this section; or 3. is 492
ineligible for expunction of a conviction of a violation of this 493
section. 494
(iii) The Driver Services Bureau of the department 495
shall have access to the confidential registry for the purpose of 496
determining whether a person is eligible for a form of license not 497
restricted to operating a vehicle equipped with an 498
ignition-interlock device. 499
(iv) The Mississippi Alcohol Safety Education 500
Program shall have secure online access to the confidential 501
registry for research purposes only. 502
(15) The provisions of this section are fully applicable to 503
any person who is under the influence of medical cannabis that is 504
lawful under the Mississippi Medical Cannabis Act and in 505
compliance with rules and regulations adopted thereunder which has 506
impaired the person's ability to operate a motor vehicle. 507
SECTION 3. This act shall take effect and be in force from 508
and after July 1, 2026. 509