MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Judiciary, Division B

By: Senator(s) Doxey

Senate Bill 2258

AN ACT TO AMEND SECTIONS 97-11-31 AND 99-19-18, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PENALTY FOR EMBEZZLEMENT OF PUBLIC FUNDS AND DIVERSION OF THOSE FUNDS TO A KNOWN TERRORIST ORGANIZATION IS LIFE IN PRISON; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-11-31, Mississippi Code of 1972, is amended as follows:

97-11-31. Except as provided in Section 99-19-18, if any officer, or other person employed in any public office, shall commit any fraud or embezzlement therein, he shall be committed to the department of corrections for not more than ten (10) years, or be fined not more than Five Thousand Dollars ($5,000.00), or both.

SECTION 2. Section 99-19-18, Mississippi Code of 1972, is amended as follows:

991918. (1) When any person is convicted of a felony or felonies in which public funds in the amount of Ten Thousand Dollars ($10,000.00) or more were unlawfully taken, obtained or misappropriated, the sentence imposed by the court shall include a minimum term of imprisonment of one (1) year in the custody of the Department of Corrections. Notwithstanding any other law to the contrary, the mandatory minimum term shall not be reduced or suspended nor shall such person be eligible for probation or parole before the expiration of one (1) year of incarceration.

(2) When any person is convicted of a felony or felonies in which public funds were unlawfully taken, obtained or misappropriated and the public funds were thereafter diverted to a known terrorist organization, the sentence imposed by the court shall be imprisonment for life in the custody of the Department of Corrections.

SECTION 3. This act shall take effect and be in force from and after July 1, 2005.