2007 Regular Session
To: Judiciary A
By: Representative Janus, Compretta, Fredericks, Guice, Ishee, Patterson, Peranich, Palazzo, Simpson, Upshaw, Scott, Clark, Blackmon
AN ACT TO CREATE THE CRIME OF DEPRIVATION OF RIGHTS UNDER COLOR OF LAW AND TO PROVIDE PENALTIES FOR COMMITTING SUCH CRIME; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any person who, under color of any law, statute, ordinance, regulation or custom willfully subjects any person to the deprivation of any rights, privileges or immunities secured or protected by the Constitution or laws of the State of Mississippi or Constitution or laws of the United States, or to different punishments, pains or penalties, on account of such person being an alien or by reason of his color or race, or by reason of his religious beliefs or sexual orientation, than are prescribed for punishment of citizens, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than one (1) year, or both.
If bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use or threatened use of a dangerous weapon, explosives or fire, then in such case the penalty shall be imprisonment in the State Penitentiary for a term not more than ten (10) years and a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
If death results from the acts committed in violation of this section or if such acts include kidnapping, an attempt to kidnap, sexual battery, rape, an attempt to commit sexual battery, an attempt to commit rape or an attempt to kill, then the penalty shall be imprisonment for life in the State Penitentiary without parole.
SECTION 2. This act shall take effect and be in force from and after July 1, 2007.