MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A
By: Senator(s) Carter
AN ACT TO AMEND SECTION 97-37-1, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR CARRYING OF CONCEALED WEAPONS; TO AMEND SECTION 97-37-14, MISSISSIPPI CODE OF 1972, TO REVISE POSSESSION OF A HANDGUN BY A MINOR; TO AMEND SECTION 97-37-17, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE OF CARRYING OR POSSESSION OF CERTAIN WEAPONS BY STUDENTS; TO AMEND SECTION 97-37-35, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE OF POSSESSION OF STOLEN FIREARMS; TO AMEND SECTION 43-21-151, MISSISSIPPI CODE OF 1972, TO REVISE THE JURISDICTION OF THE YOUTH COURT OVER CERTAIN JUVENILES WHO COMMIT AN OFFENSE THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT; TO AMEND SECTION 43-21-605, MISSISSIPPI CODE OF 1972, TO REVISE DISPOSITION ALTERNATIVES IN CERTAIN DELINQUENCY CASES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-37-1, Mississippi Code of 1972, is amended as follows:
97-37-1. (1) Except as
otherwise provided in Section 45-9-101, any person who carries, concealed on or
about one's person, any bowie knife, dirk knife, butcher knife, switchblade
knife, metallic knuckles, blackjack, * * * slungshot, pistol, revolver,
or any rifle with a barrel of less than sixteen (16) inches in length, or any
shotgun with a barrel of less than eighteen (18) inches in length, machine gun
or any fully automatic firearm or deadly weapon, or any muffler or silencer for
any firearm, whether or not it is accompanied by a firearm, or uses or attempts
to use against another person any imitation firearm, shall, upon conviction, be
punished as follows:
(a) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both, in the discretion of the court, for the first conviction under this section.
* * *
( * * *b) By confinement in the custody of
the Department of Corrections for not less than one (1) year nor more than five
(5) years, for * * * a second or subsequent conviction under this section.
( * * *c) By confinement in the custody of
the Department of Corrections for not less than one (1) year nor more than ten
(10) years for any person previously convicted of any felony who is convicted
under this section.
(2) It shall not be a violation of this section for any person over the age of eighteen (18) years to carry a firearm or deadly weapon concealed within the confines of his own home or his place of business, or any real property associated with his home or business or within any motor vehicle.
(3) It shall not be a violation of this section for any person to carry a firearm or deadly weapon concealed if the possessor of the weapon is then engaged in a legitimate weapon-related sports activity or is going to or returning from such activity. For purposes of this subsection, "legitimate weapon-related sports activity" means hunting, fishing, target shooting or any other legal activity which normally involves the use of a firearm or other weapon.
(4) For the purposes of this section, "concealed" means hidden or obscured from common observation and shall not include any weapon listed in subsection (1) of this section, including, but not limited to, a loaded or unloaded pistol carried upon the person in a sheath, belt holster or shoulder holster that is wholly or partially visible, or carried upon the person in a scabbard or case for carrying the weapon that is wholly or partially visible.
SECTION 2. Section 97-37-14, Mississippi Code of 1972, is amended as follows:
97-37-14. (1) Except as otherwise provided in
this section, it is * * * unlawful for any person who has not
attained the age of eighteen (18) years knowingly to have any handgun in such
person's possession.
(a) A first offense under this subsection (1) is a misdemeanor.
(b) A second or subsequent adjudication under this subsection (1) is deemed a felony, and any child so adjudicated may be committed to the Oakley Youth Development Center.
(2) This section shall not apply to:
(a) Any person who is:
(i) In attendance at a hunter's safety course or a firearms safety course; or
(ii) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; or
(iii) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group under 501(c)(3) as determined by the federal internal revenue service which uses firearms as a part of such performance; or
(iv) Hunting or trapping pursuant to a valid license issued to such person by the Department of Wildlife, Fisheries and Parks or as otherwise allowed by law; or
(v) Traveling with any handgun in such person's possession being unloaded to or from any activity described in subparagraph (i), (ii), (iii) or (iv) of this paragraph (a) and paragraph (b).
(b) Any person under the age of eighteen (18) years who is on real property under the control of an adult and who has the permission of such adult to possess a handgun.
(3) This section shall not apply to any person who uses a handgun or other firearm to lawfully defend himself from imminent danger at his home or place of domicile and any such person shall not be held criminally liable for such use of a handgun or other firearm.
(4) For the purposes of this section, "handgun" means a pistol, revolver or other firearm of any description, loaded or unloaded, from which any shot, bullet or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable or magazine breech, is less than sixteen (16) inches.
SECTION 3. Section 97-37-17, Mississippi Code of 1972, is amended as follows:
97-37-17. (1) The following definitions apply to this section:
(a) "Educational
property" * * *
means any public or private school building or bus, public or private
school campus, grounds, recreational area, athletic field, or other property
owned, used or operated by any local school board, school, college or
university board of trustees, or directors for the administration of any public
or private educational institution or during a school-related activity, and
shall include the facility and property of the Oakley Youth Development Center,
operated by the Department of Human Services; provided, however, that the term
"educational property" shall not include any sixteenth section school
land or lieu land on which is not located a school building, school campus,
recreational area or athletic field.
(b)
"Student" * * * means a person enrolled in a public or private school,
college or university, or a person who has been suspended or expelled within
the last five (5) years from a public or private school, college or university,
or a person in the custody of the Oakley Youth Development Center, operated by
the Department of Human Services, whether the person is an adult or a minor.
(c) "Switchblade
knife" * * *
means a knife containing a blade or blades which open automatically by
the release of a spring or a similar contrivance.
(d) "Weapon" * * * means any device enumerated in
subsection (2) or (4) of this section.
(2) It shall be a felony for any person to possess or carry, whether openly or concealed, any bowie knife, dirk knife, butcher knife, dagger, slungshot, switchblade knife, blackjack, metallic knuckles, gun, rifle, pistol or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property. However, this subsection does not apply to a BB gun, air rifle or air pistol. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not more than three (3) years, or both.
(3) It shall be a felony for any person to cause, encourage or aid a minor who is less than eighteen (18) years old to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine or powerful explosive on educational property. However, this subsection does not apply to a BB gun, air rifle or air pistol. Any person violating this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Five Thousand Dollars ($5,000.00), or committed to the custody of the State Department of Corrections for not more than three (3) years, or both.
(4) It shall be a
misdemeanor for any person to possess or carry, whether openly or concealed,
any BB gun, air rifle, air pistol, * * * leaded
cane, * * * razors and razor blades (except
solely for personal shaving), and any sharp-pointed or edged instrument except
instructional supplies, unaltered nail files and clips and tools used solely
for preparation of food, instruction and maintenance on educational property.
Any person violating this subsection shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than One Thousand Dollars
($1,000.00), or be imprisoned not exceeding six (6) months, or both.
(5) It shall be a
misdemeanor for any person to cause, encourage or aid a minor who is less than
eighteen (18) years old to possess or carry, whether openly or concealed, any BB
gun, air rifle, air pistol, * * * leaded
cane, * * * razors and razor blades (except
solely for personal shaving) and any sharp-pointed or edged instrument except
instructional supplies, unaltered nail files and clips and tools used solely
for preparation of food, instruction and maintenance on educational property.
Any person violating this subsection shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than One Thousand Dollars
($1,000.00), or be imprisoned not exceeding six (6) months, or both.
(6) It shall not be a violation of this section for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol or other firearm of any kind on educational property if:
(a) The person is not a student attending school on any educational property;
(b) The firearm is within a motor vehicle; and
(c) The person does not brandish, exhibit or display the firearm in any careless, angry or threatening manner.
(7) This section shall not apply to:
(a) A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority;
(b) Armed Forces personnel of the United States, officers and soldiers of the militia and National Guard, law enforcement personnel, any private police employed by an educational institution, State Militia or Emergency Management Corps and any guard or patrolman in a state or municipal institution, and any law enforcement personnel or guard at a state juvenile training school, when acting in the discharge of their official duties;
(c) Home schools as defined in the compulsory school attendance law, Section 37-13-91;
(d) Competitors while participating in organized shooting events;
(e) Any person as authorized in Section 97-37-7 while in the performance of his official duties;
(f) Any mail carrier while in the performance of his official duties; or
(g) Any weapon not prescribed by Section 97-37-1 which is in a motor vehicle under the control of a parent, guardian or custodian, as defined in Section 43-21-105, which is used to bring or pick up a student at a school building, school property or school function.
(8) All schools shall post in public view a copy of the provisions of this section.
SECTION 4. Section 97-37-35, Mississippi Code of 1972, is amended as follows:
97-37-35. (1) * * *
A person commits the crime of possession of a stolen firearm if the person
knowingly or intentionally possesses, receives, retains, acquires or obtains
possession of, or disposes of a stolen firearm * * *, knowing that it has
been stolen or having reasonable grounds to believe that it has been stolen.
(2) It is unlawful for any person knowingly or intentionally to sell, deliver or transfer a stolen firearm or attempt to sell, deliver or transfer a stolen firearm.
(3) Any person convicted of violating this section shall be guilty of a felony and shall be punished as follows:
(a) For the first conviction, punishment by commitment to the Department of Corrections for five (5) years;
(b) For the second and subsequent convictions, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.
(c) For a conviction where the offender possesses two (2) or more stolen firearms, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.
(4) Any person who commits or attempts to commit any other crime while in possession of a stolen firearm shall be guilty of a separate felony of possession of a stolen firearm under this section and, upon conviction thereof, shall be punished by commitment to the Department of Corrections for five (5) years, such term to run consecutively and not concurrently with any other sentence of incarceration.
SECTION 5. Section 43-21-151, Mississippi Code of 1972, is amended as follows:
43-21-151. (1) The youth court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child or a dependent child except in the following circumstances:
(a) Any act attempted or committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death, will be in the original jurisdiction of the circuit court;
(b) Any act attempted or committed by a child with the use of a deadly weapon, the carrying of which concealed is prohibited by Section 97-37-1, or a shotgun or a rifle, which would be a felony if committed by an adult, will be in the original jurisdiction of the circuit court; and
(c) When a charge of abuse of a child first arises in the course of a custody action between the parents of the child already pending in the chancery court and no notice of such abuse was provided prior to such chancery proceedings, the chancery court may proceed with the investigation, hearing and determination of such abuse charge as a part of its hearing and determination of the custody issue as between the parents, notwithstanding the other provisions of the Youth Court Law. The proceedings in chancery court on the abuse charge shall be confidential in the same manner as provided in youth court proceedings.
When a child is expelled from the public schools, the youth court shall be notified of the act of expulsion and the act or acts constituting the basis for expulsion.
(2) Jurisdiction of the child in the cause shall attach at the time of the offense and shall continue thereafter for that offense until the child's twentieth birthday, unless sooner terminated by order of the youth court. The youth court shall not have jurisdiction over offenses committed by a child on or after his eighteenth birthday, or over an offense committed by a child on or after his seventeenth birthday if the offense would be a felony if committed by an adult.
(3) No child who has not reached his thirteenth birthday shall be held criminally responsible or criminally prosecuted for a misdemeanor or felony; however, the parent, guardian or custodian of such child may be civilly liable for any criminal acts of such child. No child under the jurisdiction of the youth court shall be held criminally responsible or criminally prosecuted by any court for any act designated as a delinquent act, unless jurisdiction is transferred to another court under Section 43-21-157.
(4) The youth court shall also have jurisdiction of offenses committed by a child which have been transferred to the youth court by an order of a circuit court of this state having original jurisdiction of the offense, as provided by Section 43-21-159.
(5) The youth court shall regulate and approve the use of teen court as provided in Section 43-21-753.
(6) Nothing in this section shall prevent the circuit court from assuming jurisdiction over a youth who has committed an act of delinquency upon a youth court's ruling that a transfer is appropriate pursuant to Section 43-21-157.
SECTION 6. Section 43-21-605, Mississippi Code of 1972, is amended as follows:
43-21-605. (1) In delinquency cases, the disposition order may include any of the following alternatives:
(a) Release the child without further action;
(b) Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;
(c) Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;
(d) Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform and which are not in conflict with a provider's determination of medical necessity;
(e) Order terms of supervision which may include participation in a constructive program of service or education or civil fines not in excess of Five Hundred Dollars ($500.00), or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the victims and approved by the youth court and reasonably capable of performance within one (1) year;
(f) Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;
(g) Give legal custody of the child to any of the following:
(i) The Department of Human Services for appropriate placement; or
(ii) Any public or private organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court; or
(iii) The Division
of Youth Services for placement in the least restrictive environment, except
that no child under the age of ten (10) years shall be committed to the state
training school. Only 1. a child who has been adjudicated delinquent
for a felony or 2. a child who has been adjudicated delinquent within a six-month
period for three (3) acts that would be a misdemeanor if committed by an adult
may be committed to the training school. * * * If a child is committed
to the Oakley Youth Development Center by the court, the child shall be deemed
to be committed to the custody of the Department of Human Services which may
place the child in the Oakley Youth Development Center or another appropriate
facility.
The training school may
retain custody of the child until the child's twentieth birthday but for no
longer. * * * Once the judge commits the child to the
training school, the child shall remain in the legal custody of the training
school * * * for the
period of time set by the youth court judge. However, if the superintendent
of the state training school, in consultation with the treatment team, * * *
feels strongly that the child has made sufficient progress in treatment and
rehabilitation and that it is in the best interest and welfare of * * * the child * * * to release and parole the child early, the Superintendent
shall notify the committing court * * * and
the court must hold a reconvened disposition hearing within ten (10) days of
receiving the notice to determine whether the court agrees with the
Superintendent's plan to release and parole the child. Representatives from
Oakley's treatment team may have the option to testify in person or over the
telephone. Following the hearing, the youth court judge will decide whether to
release and parole the child early as requested, or to hold the child for the
previously determined period. The Department of Human Services shall
ensure that staffs create transition planning for youth leaving the
facilities. Plans shall include providing the youth and his or her parents or
guardian with copies of the youth's training school education and health
records, information regarding the youth's home community, referrals to mental
and counseling services when appropriate, and providing assistance in making
initial appointments with community service providers. Before assigning the
custody of any child to any private institution or agency, the youth court
through its designee shall first inspect the physical facilities to determine
that they provide a reasonable standard of health and safety for the child. No
child shall be placed in the custody of the state training school for a status
offense or for contempt of or revocation of a status offense adjudication
unless the child is contemporaneously adjudicated for having committed an act
of delinquency that is not a status offense. A disposition order rendered
under this subparagraph shall meet the following requirements:
1. The disposition is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(h) Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court shall not order any child to apply for or attend the program;
(i) Adjudicate the juvenile to the Statewide Juvenile Work Program if the program is established in the court's jurisdiction. The juvenile and his or her parents or guardians must sign a waiver of liability in order to participate in the work program. The judge will coordinate with the youth services counselors as to placing participants in the work program as follows:
(i) The severity of the crime, whether or not the juvenile is a repeat offender or is a felony offender will be taken into consideration by the judge when adjudicating a juvenile to the work program. The juveniles adjudicated to the work program will be supervised by police officers or reserve officers. The term of service will be from twenty-four (24) to one hundred twenty (120) hours of community service. A juvenile will work the hours to which he or she was adjudicated on the weekends during school and weekdays during the summer. Parents are responsible for a juvenile reporting for work. Noncompliance with an order to perform community service will result in a heavier adjudication. A juvenile may be adjudicated to the community service program only two (2) times;
(ii) The judge shall assess an additional fine on the juvenile which will be used to pay the costs of implementation of the program and to pay for supervision by police officers and reserve officers. The amount of the fine will be based on the number of hours to which the juvenile has been adjudicated;
(j) Order the child to participate in a youth court work program as provided in Section 43-21-627;
(k) Order terms of house arrest under the intensive supervision program as created in Sections 47-5-1001 through 47-5-1015. The Department of Human Services shall take bids for the placement of juveniles in the intensive supervision program. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program. For each county there shall be seventy-five (75) slots created in the intensive supervision program for juveniles. Any youth ordered into the intensive home-based supervision program shall receive comprehensive strength-based needs assessments and individualized treatment plans. Based on the assessment, an individualized treatment plan shall be developed that defines the supervision and programming that is needed by a youth. The treatment plan shall be developed by a multidisciplinary team that includes the family of the youth whenever possible. The juvenile shall pay Ten Dollars ($10.00) to offset the cost of administering the alcohol and drug test. The juvenile must attend school, alternative school or be in the process of working toward a High School Equivalency Diploma certificate;
(l) (i) Order the
child into a juvenile detention center operated by the county or into a
juvenile detention center operated by any county with which the county in which
the court is located has entered into a contract for the purpose of housing
delinquents. The time period for detention cannot exceed * * * one hundred eighty (180)
days, and any detention exceeding * * * ninety (90) days shall
be administratively reviewed by the youth court no later than forty-five (45)
days after the entry of the order. At that time the youth court counselor
shall review the status of the youth in detention and shall report any concerns
to the court. The youth court judge may order that the number of days
specified in the detention order be served either throughout the week or on
weekends only. No first-time nonviolent youth offender shall be committed to a
detention center for a period in excess of * * * one hundred eighty (180)
days until all other options provided for in this section have been considered
and the court makes a specific finding of fact by a preponderance of the
evidence by assessing what is in the best rehabilitative interest of the child
and the public safety of communities and that there is no reasonable
alternative to a nonsecure setting and therefore commitment to a detention
center is appropriate.
(ii) If a child is committed to a detention center for ninety (90) or more days, the disposition order shall meet the following requirements:
1. The disposition order is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition order allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(m) The judge may consider house arrest in an intensive supervision program as a reasonable prospect of rehabilitation within the juvenile justice system. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program;
(n) Referral to A-team provided system of care services; or
(o) Place the child on electronic monitoring subject to any conditions and limitations as the youth court may prescribe.
(2) If a disposition order requires that a child miss school due to other placement, the youth court shall notify a child's school while maintaining the confidentiality of the youth court process. If a disposition order requires placement of a child in a juvenile detention facility, the facility shall comply with the educational services and notification requirements of Section 43-21-321.
(3) In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under Section 63-11-30(9).
(4) If the youth court places a child in a state-supported training school, the court may order the parents or guardians of the child and other persons living in the child's household to receive counseling and parenting classes for rehabilitative purposes while the child is in the legal custody of the training school. A youth court entering an order under this subsection (4) shall utilize appropriate services offered either at no cost or for a fee calculated on a sliding scale according to income unless the person ordered to participate elects to receive other counseling and classes acceptable to the court at the person's sole expense.
(5) Fines levied under this chapter shall be paid into the general fund of the county but, in those counties wherein the youth court is a branch of the municipal government, it shall be paid into the municipal treasury.
(6) Any institution or agency to which a child has been committed shall give to the youth court any information concerning the child as the youth court may at any time require.
(7) The youth court shall not place a child in another school district who has been expelled from a school district for the commission of a violent act. For the purpose of this subsection, "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another.
(8) The youth court may require drug testing as part of a disposition order. If a child tests positive, the court may require treatment, counseling and random testing, as it deems appropriate. The costs of such tests shall be paid by the parent, guardian or custodian of the child unless the court specifically finds that the parent, guardian or custodian is unable to pay.
(9) The Mississippi Department of Human Services, Division of Youth Services, shall operate and maintain services for youth adjudicated delinquent at the Oakley Youth Development Center. The program shall be designed for children committed to the training schools by the youth courts. The purpose of the program is to promote good citizenship, self-reliance, leadership and respect for constituted authority, teamwork, cognitive abilities and appreciation of our national heritage. The program must use evidenced-based practices and gender-specific programming and must develop an individualized and specific treatment plan for each youth. The Division of Youth Services shall issue credit towards academic promotions and high school completion. The Division of Youth Services may award credits to each student who meets the requirements for a General Education Development certification. The Division of Youth Services must also provide to each special education eligible youth the services required by that youth's Individualized Education Plan.
SECTION 7. This act shall take effect and be in force from and after July 1, 2019.