Senate Bill 2644

(As Passed the Senate)

AN ACT TO AMEND SECTION 41-21-63, MISSISSIPPI CODE OF 1972, TO REVISE THE PROHIBITION THAT A CHANCELLOR MAY NOT COMMIT A PERSON WHO HAS UNRESOLVED FELONY CHARGES PENDING; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-21-63, Mississippi Code of 1972, is amended as follows:

41-21-63. (1) No person, other than persons charged with crime, shall be committed to a public treatment facility except under the provisions of Sections 41-21-61 through 41-21-107 or 43-21-611 or 43-21-315. However, nothing herein shall be construed to repeal, alter or otherwise affect the provisions of Section 35-5-31 or to affect or prevent the commitment of persons to the Veterans Administration or other agency of the United States under the provisions of and in the manner specified in those sections.

(2) The chancery court, or the chancellor in vacation shall have jurisdiction under Sections 41-21-61 through 41-21-107 except over persons with unresolved felony charges pending. However, if an order of the circuit court is entered reciting that the accused has been charged with a criminal offense and that the court is of the opinion that the person is incompetent to stand trial and that the person should be referred to the chancery court to undergo civil commitment procedures under Sections 41-21-61 through 41-21-107, that order shall be in lieu of the affidavit for commitment provided for in Section 41-21-65, and the chancery court shall have jurisdiction over the person with unresolved felony charges pending.

(3) The circuit court shall have jurisdiction under Sections 99-13-7, 99-13-9 and 99-13-11.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.