MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Carlton

AN ACT TO AMEND SECTION 97-3-7, MISSISSIPPI CODE OF 1972, TO CREATE A SEPARATE OFFENSE OF DOMESTIC ABUSE; TO AMEND SECTION 93-21-15, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COURT REFERRAL TO COUNSELING IN CASES OF DOMESTIC ABUSE WHERE USE OF DRUGS OR ALCOHOL OR BOTH IS INVOLVED; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 97-3-7, Mississippi Code of 1972, is amended as follows:

97-3-7. (1) A person is guilty of simple assault if he (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (b) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (c) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Provided, however, a person convicted of simple assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver while such statewide elected official, law enforcement officer, fireman, emergency medical personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver is acting within the scope of his duty, office or employment, or (b) upon a legislator while the Legislature is in regular or extraordinary session shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.

(2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the penitentiary for not more than twenty (20) years. Provided, however, a person convicted of aggravated assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver while such statewide elected official, law enforcement officer, fireman, emergency medical personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver is acting within the scope of his duty, office or employment, or (b) upon a legislator while the Legislature is in regular or extraordinary session shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.

(3) (a) A person is guilty of domestic violence who commits any assault against a current or former spouse, an individual with whom the defendant has had a child, or a person living in the same household as the defendant and, upon conviction, he shall be punished as provided under subsection (1) or (2) of this section; provided, that upon a second conviction of domestic violence or another crime which would have constituted domestic violence, whether against the same or another victim, the defendant shall be sentenced to a term of imprisonment not less than thirty (30) days; and a third or subsequent offense of domestic violence or another crime which would have constituted domestic violence, whether against the same or another victim, within five (5) years, shall constitute a felony punishable by a term of imprisonment of not less than five (5) nor more than thirty (30) years. Every conviction of domestic violence shall require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.

(b) Where the proof shows evidence that abuse of controlled substances or alcohol or both was an element in an abusive situation, the court may also take the following actions:

(i) Order the perpetrator of abuse to abstain from possession or consumption of alcohol or controlled substances for a period of time to be determined by the court;

(ii) Order the perpetrator of the abuse to attend drug or alcohol counseling;

(iii) Order the perpetrator of the abuse to pay a fee to defray the cost of counseling;

(iv) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of abuse, or other family or household member;

SECTION 2. Section 93-21-15, Mississippi Code of 1972, is amended as follows:

93-21-15. (1) The chancery court shall be empowered to grant any protective order or approve any consent agreement to bring about a cessation of abuse of the petitioner, any minor children, or any person alleged to be incompetent, which relief may include:

(a) Directing the defendant to refrain from abusing the petitioner, any minor children, or any person alleged to be incompetent;

(b) Granting possession to the petitioner of the residence or household to the exclusion of the defendant by evicting the defendant and/or restoring possession to the petitioner;

(c) When the defendant has a duty to support the petitioner, any minor children, or any person alleged to be incompetent living in the residence or household and the defendant is the sole owner or lessee, granting possession to the petitioner of the residence or household to the exclusion of the defendant by evicting the defendant and/or restoring possession to the petitioner, or by consent agreement allowing the defendant to provide suitable, alternate housing;

(d) Awarding temporary custody of and/or establishing temporary visitation rights with regard to any minor children or any person alleged to be incompetent;

(e) If the defendant is legally obligated to support the petitioner, any minor children, or any person alleged to be incompetent, ordering the defendant to pay temporary support for the petitioner, any minor children, or any person alleged to be incompetent;

(f) Ordering the defendant to pay to the abused person monetary compensation for losses suffered as a direct result of the abuse, including, but not limited to, medical expenses resulting from such abuse, loss of earnings or support, out-of-pocket losses for injuries sustained, moving expenses, a reasonable attorney's fee, and/or ordering counseling or professional medical treatment for the defendant and/or the abused person. The court may refer but shall not order an adult who is a victim of family or domestic violence to attend counseling relating to the victim's status or behavior as a victim, individually or with the perpetrator of abuse, as a condition of receiving custody of a child or as a condition of visitation; and

(g) Prohibiting the transferring, encumbering, or otherwise disposing of property mutually owned or leased by the parties, except when in the ordinary course of business.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.