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SB2801 • 2026

Hand-held mobile telephones; increase civil penalties for texting while driving.

AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO INCREASE THE CIVIL PENALTIES FOR WRITING, SENDING, OR READING A TEXT MESSAGE AND READING OR POSTING TO A SOCIAL NETWORKING SITE USING A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A MOTOR VEHICLE; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER MAY CONDUCT A TRAFFIC STOP BASED SOLELY ON A VIOLATION OF THIS SECTION; AND FOR RELATED PURPOSES.

Education
Did Not Pass

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

Sponsor
Fillingane
Last action
2026-03-11
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass during the session.

Increase Penalties for Texting While Driving

This bill increases the fines for using a hand-held mobile phone to write, send or read text messages and access social networking sites while driving in Mississippi.

What This Bill Does

  • Increases civil penalties for writing, sending, or reading a text message and accessing, reading, or posting to a social networking site using a hand-held mobile telephone while driving a motor vehicle from $100 to $250 if the violation occurs in a school zone or work zone.
  • Doubles the fine if an accident happens during a violation of this law, regardless of location.
  • Keeps fines at $100 outside of school and construction zones but doubles them if an accident occurs.

Who It Names or Affects

  • Drivers who use hand-held mobile phones while driving in Mississippi will face higher fines under this bill.

Terms To Know

Hand-held mobile telephone
A device used to make calls or send text messages with at least one hand, excluding voice-operated or hands-free devices.
Social networking site
An online service where users can create profiles and connect with other users.

Limits and Unknowns

  • The bill did not pass during the session.
  • Law enforcement cannot make a traffic stop based solely on texting while driving, according to this legislation.

Bill History

  1. 2026-03-11 Mississippi Legislative Bill Status System

    03/11 (H) Died On Calendar

  2. 2026-03-10 Mississippi Legislative Bill Status System

    03/10 (H) Read the Third Time

  3. 2026-03-03 Mississippi Legislative Bill Status System

    03/03 (H) Title Suff Do Pass As Amended

  4. 2026-02-16 Mississippi Legislative Bill Status System

    02/16 (H) Referred To Judiciary A

  5. 2026-02-16 Mississippi Legislative Bill Status System

    02/16 (S) Transmitted To House

  6. 2026-02-11 Mississippi Legislative Bill Status System

    02/11 (S) Passed As Amended

  7. 2026-02-11 Mississippi Legislative Bill Status System

    02/11 (S) Amended

  8. 2026-02-02 Mississippi Legislative Bill Status System

    02/02 (S) Title Suff Do Pass

  9. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division B

Official Summary Text

Hand-held mobile telephones; increase civil penalties for texting while driving.

Current Bill Text

Read the full stored bill text 
S. B. No. 2801 *SS08/R1055PS* ~ OFFICIAL ~ G1/2
26/SS08/R1055PS
PAGE 1

To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Fillingane

SENATE BILL NO. 2801
(As Passed the Senate)

AN ACT TO AMEND SECTION 63-33-1, MISSISSIPPI CODE OF 1972, TO 1
INCREASE THE CIVIL PENALTIES FOR WRITING, SENDING, OR READING A 2
TEXT MESSAGE AND READING OR POSTING TO A SOCIAL NETWORKING SITE 3
USING A HAND-HELD MOBILE TELEPHONE WHILE DRIVING A MOTOR VEHICLE; 4
TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER MAY CONDUCT A TRAFFIC 5
STOP BASED SOLELY ON A VIOLATION OF THIS SECTION; AND FOR RELATED 6
PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 63-33-1, Mississippi Code of 1972, is 9
amended as follows: 10
63-33-1. (1) For purposes of this section, the following 11
terms shall have the meanings ascribed in this subsection, unless 12
the context clearly indicates otherwise: 13
(a) "Hand-held mobile telephone" means a mobile 14
telephone or other portable electronic communication device with 15
which a user engages in a call or writes, sends or reads a text 16
message using at least one (1) hand. The term "hand-held mobile 17
telephone" shall not include a voice-operated or hands-free 18
device * * *. 19
S. B. No. 2801 *SS08/R1055PS* ~ OFFICIAL ~
26/SS08/R1055PS
PAGE 2

(b) "Motor vehicle" means a vehicle driven or drawn by 20
mechanical power and manufactured primarily for use on public 21
highways * * *. 22
(c) "Social networking site" means any web-based 23
service that allows individuals to construct a profile within a 24
founded system, articulate a list of other users with whom they 25
share a connection, and communicate with other users of the 26
site * * *. 27
(d) "Text message" includes a text-based message, 28
instant message, electronic message, and email, but shall not 29
include an emergency, traffic or weather alert or a message 30
related to the operation or navigation of the motor vehicle * * *. 31
(e) "Voice-operated or hands-free device" means a 32
device that allows the user to write, send, or read a text message 33
without the use of either hand except to activate, deactivate, or 34
initiate a feature or function. 35
(f) "Writing," "sending" and "reading," with respect to 36
a text message, means the manual entry, sending, or retrieval of a 37
text message, respectively, to communicate with any person or 38
device. 39
(2) An operator of a moving motor vehicle is prohibited from 40
writing, sending, or reading a text message and from accessing, 41
reading or posting to a social networking site using a hand-held 42
mobile telephone while driving a motor vehicle. 43
S. B. No. 2801 *SS08/R1055PS* ~ OFFICIAL ~
26/SS08/R1055PS
PAGE 3

(3) (a) (i) A violation of this section that occurs in a 44
school zone or work zone is a civil violation, and upon being 45
found in violation, is punishable by a civil penalty of * * * Two 46
Hundred and Fifty Dollars ($250.00). 47
(ii) If a person is involved in a crash at the 48
time of the violation, then the fine shall be equal to double the 49
amount of the fine imposed in subparagraph (i) of this paragraph 50
and the law enforcement officer investigating the crash shall 51
indicate on the written accident report that the person was using 52
a hand-held mobile telephone at the time of the crash. 53
(b) (i) A violation of this section that occurs in a 54
location other than a school zone or highway construction zone is 55
a civil violation, and upon being found in violation, is 56
punishable by a civil penalty of One Hundred Dollars ($100.00). 57
(ii) If a person is involved in a crash at the 58
time of the violation, then the fine shall be equal to double the 59
amount of the fine imposed in subparagraph (i) of this paragraph 60
and the law enforcement officer investigating the crash shall 61
indicate on the written accident report that the person was using 62
a hand-held mobile telephone at the time of the crash. 63
(c) No state assessments shall be imposed or collected 64
for a violation under this section. 65
(4) The Department of Public Safety shall keep and maintain 66
records of citations issued under this section, including the age 67
and race of the vehicle operator, whether there was an additional 68
S. B. No. 2801 *SS08/R1055PS* ~ OFFICIAL ~
26/SS08/R1055PS
PAGE 4
ST: Hand-held mobile telephones; increase civil
penalties for texting while driving.
traffic violation by the vehicle operator, and whether there was a 69
crash or any damage to a vehicle or passenger at the time of the 70
citation. 71
(5) No law enforcement officer may conduct a traffic stop 72
based solely on a violation of this section. 73
SECTION 2. This act shall take effect and be in force from 74
and after July 1, 2026. 75