Senate Bill 2038

AN ACT TO AMEND SECTION 9-23-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UNSUCCESSFUL DRUG COURT PARTICIPANTS MUST SERVE THEIR TIME FROM THE ORIGINAL OFFENSE INCARCERATED IN THE ORIGINAL JURISDICTION IN WHICH THE PROSECUTION WAS COMMENCED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-23-23, Mississippi Code of 1972, is amended as follows:

9-23-23. (1) If the participant completes all requirements imposed upon him by the drug court, including the payment of fines and fees assessed, the charge and prosecution shall be dismissed. If the defendant or participant was sentenced at the time of entry of plea of guilty, the successful completion of the drug court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged. However, no expunction of any implied consent violation shall be allowed.

(2) If the participant fails to complete all requirements imposed upon him by the drug court, the participant must serve the resulting term of incarceration in custody in the jurisdiction in which the offense was originally charged and the prosecution commenced.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.