MS HB1438

Prohibits operators of moving motor vehicles on public roads from using wireless phones or electronic communication devices to make calls unless using a hands-free device, effective July 1, 2012.

Prohibits wireless interactive communication (texting, emailing, internet access) while operating a motor vehicle, with exemptions for law enforcement, emergency vehicles, emergency situations, and hands-free devices.

Establishes misdemeanor penalties of up to $100 fine for violations, or up to $500 if violation occurs during a motor vehicle accident; requires license suspension of 30 days for first offense and 60 days for subsequent offenses for drivers 18 years or younger.

Makes violations secondary offenses with no driving record entry from July 1, 2012 through December 31, 2013; converts to primary offenses with driving record entry beginning January 1, 2014.

Disqualifies commercial motor vehicle drivers for 60 days on first violation under these sections, 120 days for second violation within three years, and one year for third or subsequent violations within three years.