MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary B
By: Representative Currie
AN ACT TO AMEND SECTION 99-19-81 AND 99-19-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NO PLEA BARGAINING SHALL BE ALLOWED FOR ANY PERSON SENTENCED UNDER THE HABITUAL OFFENDER STATUTES IF SUCH PERSON WAS CONVICTED OF COMMITTING A CRIME OF VIOLENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-19-81, Mississippi Code of 1972, is amended as follows:
99-19-81. Every person convicted in this state of a felony who shall have been convicted twice previously of any crime of violence as defined under Section 97-3-2, felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony unless the court provides an explanation in its sentencing order setting forth the cause for deviating from the maximum sentence, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation. In addition, no person convicted twice previously of any crime of violence as defined under Section 97-3-2 shall be eligible for any plea bargain that results in any sentence imposed for a length of time less than the maximum term of imprisonment prescribed for such crime of violence.
SECTION 2. Section 99-19-83, Mississippi Code of 1972, is amended as follows:
99-19-83. Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to and served separate terms of one (1) year or more, whether served concurrently or not, in any state and/or federal penal institution, whether in this state or elsewhere, and where any one (1) of such felonies shall have been a crime of violence, as defined by Section 97-3-2, shall be sentenced to life imprisonment, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole, probation or any other form of early release from actual physical custody within the Department of Corrections. In addition, no person convicted twice previously of any crime of violence as defined by Section 97-3-2 shall be eligible for any plea bargain which results in any sentence imposed for a length of time less than life imprisonment.
SECTION 3. This act shall take effect and be in force from and after July 1, 2019.