Replaced by Substitute

 

COMMITTEE AMENDMENT NO 1 PROPOSED TO

 

House Bill No. 1352

 

BY: Committee

 

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 


     SECTION 1.  Section 63-1-71, Mississippi Code of 1972, is amended as follows:

     63-1-71.  (1) * * *  In addition to any penalty authorized by the Uniform Controlled Substances Law or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, every person convicted of, or entering a plea of nolo contendere to, or adjudicated delinquent in a court of this state for a violation of any offense defined in the Uniform Controlled Substances Law, and every person convicted of, or entering a plea of nolo contendere to, or adjudicated delinquent under the laws of the United States, another state, a territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico of a violation for the use, distribution, possession, manufacture, sale, barter, transfer or dispensing of a "controlled substance," "counterfeit substance," "narcotic drug" or "drug," as such terms are defined under Section 41‑29‑105, shall forthwith forfeit his right to operate a motor vehicle over the highways of this state for a period of six (6) months.  Notwithstanding the provisions of Section 63-11-30 * * *(2)(a) and in addition to any penalty authorized by the Uniform Controlled Substances Law or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, every person convicted of driving under the influence of a controlled substance, or entering a plea of nolo contendere thereto, or adjudicated delinquent therefor, in a court of this state, * * * and every person convicted of driving under the influence of a controlled substance, or entering a plea of nolo contendere thereto, or adjudicated delinquent therefor, under the laws of the United States, another state, a territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico, shall forthwith forfeit his right to operate a motor vehicle over the highways of this state for a period of not less than six (6) months.  In the case of any person who at the time of the imposition of sentence does not have a driver's license or is less than * * *fifteen (15) sixteen (16) years of age, the period of the suspension of driving privileges authorized herein shall commence on the day the sentence is imposed and shall run for a period of not less than six (6) months after the day the person obtains a driver's license or reaches the age of * * *fifteen (15) sixteen (16) years.  If the driving privilege of * * *any a person is under revocation or suspension at the time of * * *any a conviction or adjudication of delinquency for * * * a violation of any an offense * * *defined in the Uniform Controlled Substances Law of driving under the influence of a controlled substance, the revocation or suspension period imposed herein shall commence as of the date of termination of the existing revocation or suspension.

     (2)  The court in this state before whom any person is convicted of or adjudicated delinquent for * * * a violation of an offense under subsection (1) of this section shall an offense of driving under the influence of a controlled substance must collect forthwith the Mississippi driver's license of the person and forward * * *such the license to the Department of Public Safety along with a report indicating the first and last day of the suspension or revocation period imposed * * *pursuant to under this section.  If the court is for any reason unable to collect the license of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the Commissioner of Public Safety.  That report shall include the complete name, address, date of birth, eye color and sex of the person and shall indicate the first and last day of the suspension or revocation period imposed by the court * * *pursuant to under this section.  The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or revocation imposed pursuant to this section, the person shall, upon conviction, be subject to the penalties set forth in Section 63-11-40.  A person shall be required to acknowledge in writing receipt of the written notice * * * in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice * * *shall is not * * *be a defense to a subsequent charge of a violation of Section 63-11-40.  If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license but shall notify forthwith the Commissioner of Public Safety who shall notify the appropriate officials in the licensing jurisdiction.  The court shall, however, in accordance with the provisions of this section, revoke the person's nonresident driving privilege in this state.

     (3)  The county court or circuit court having jurisdiction, on petition, may reduce the suspension of driving privileges under this section if the * * *denial of which suspension would constitute a hardship on the offender.  When the petition is filed, * * *such the person shall pay to the circuit clerk of the court where the petition is filed a fee of Twenty Dollars ($20.00) for each year, or portion thereof, of license revocation or suspension remaining under the original sentence, which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature.  This fee shall be in addition to any other court costs or fees required for the filing of petitions.

     SECTION 2.  Section 63-1-51, Mississippi Code of 1972, is amended as follows:

     63-1-51.  (1)  It shall be the duty of the court clerk, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety.  The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final:

          (a)  Manslaughter or negligent homicide resulting from the operation of a motor vehicle;

          (b)  Any felony in the commission of which a motor vehicle is used;

          (c)  Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another;

          (d)  Perjury or the willful making of a false affidavit or statement under oath to the department under this article or under any other law relating to the ownership or operation of motor vehicles;

          (e)  Conviction, or forfeiture of bail not vacated, upon three (3) charges of reckless driving committed within a period of twelve (12) months * * *;.

 * * *  (f)  Contempt for failure to pay a fine or fee or to respond to a summons or citation pursuant to a charge of a violation of this title.

     (2)  The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law.

     (3)  In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 3.  Section 63-1-53, Mississippi Code of 1972, is amended as follows:

     63-1-53.  (1)  Upon failure of any person to respond timely and properly to a summons or citation charging such person with any violation of this title, * * * or upon failure of any person to pay timely any fine, fee or assessment levied as a result of any violation of this title, the clerk of the court shall give written notice to * * *such the person by United States first-class mail at his last-known address advising * * *such the person that, if within ten (10) days after such notice is deposited in the mail, the person has not properly responded to the summons or citation * * * or has not paid the entire amount of all fines, fees and assessments levied, then the court will give notice thereof to the Commissioner of Public Safety and the commissioner may suspend the driver's license of such person.  The actual cost incurred by the court in the giving of * * * such notice may be added to any other court costs assessed in such case.  If within ten (10) days after the notice is given in accordance with this subsection * * *such the person has not * * *satisfactorily disposed of responded to or appeared in the matter pending before the court, then the clerk of the court immediately shall mail a copy of the abstract of the court record, along with a certified copy of the notice given under this subsection, to the commissioner, and the commissioner may suspend the driver's license of such person as authorized under subsections (2) and (3) of this section.

     (2)  The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:

          (a)  Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law;

          (b)  Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;

          (c)  Is an habitually reckless or negligent driver of a motor vehicle;

          (d)  Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

          (e)  Is incompetent to drive a motor vehicle;

          (f)  Has permitted an unlawful or fraudulent use of such license;

          (g)  Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation;

 * * *  (h)  Has failed to pay any fine, fee or other assessment levied as a result of any violation of this title;

          ( * * *ih)  Has failed to respond to a summons or citation which charged a violation of this title; or

          ( * * *ji)  Has committed a violation for which mandatory revocation of license is required upon conviction, entering a plea of nolo contendere to, or adjudication of delinquency, * * *pursuant to under the provisions of subsection (1) of Section 63-1-71.

     (3)  Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practicable, but not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that * * *such the hearing may be held in some other county.  Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee.  Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.

     (4)  If a licensee has not paid all cash appearance bonds authorized under Section 99-19-3 or all fines, fees or other assessments levied as a result of a violation of this title within ninety (90) days after the commissioner has suspended the license of a person under subsection (2)(i) of this section, the court is authorized to pursue collection under Section 21-17-1(6) or 19-3-41(2) as for any other delinquent payment, and shall be entitled to collection of all additional fees authorized under those sections.

     SECTION 4.  Section 63-1-52, Mississippi Code of 1972, is amended as follows:

     63-1-52.  (1)  Whenever the Commissioner of Public Safety suspends, cancels or revokes the driver's license or driving privileges of any person, notice of the suspension, cancellation or revocation shall be given to such person by the commissioner, or his duly authorized agent, in the manner provided in subsection (2) of this section and at the time provided in subsection (3) of this section or in the manner and at the time provided in subsection (4) of this section.

     (2)  Notice shall be given in the following manner:

          (a)  In writing, (i) by United States Certificate of * * *Mail Mailing; or (ii) by personal service at the person's address as it appears on the driving record maintained by the Department of Public Safety or at the person's last-known address; or (iii) by personal notice being given by any law enforcement officer of this state or any duly authorized agent of the Commissioner of Public Safety on forms prescribed and furnished by the Commissioner of Public Safety; whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Driver License Compact Law, the Mississippi Implied Consent Law, the Mississippi Motor Vehicle Safety Responsibility Law or * * *paragraphs subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53.

          (b)  In writing, by United States first-class mail, whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Commercial Driver's License Law, the Youth Court Law, Chapter 23 of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, * * *paragraph subsection (2)(g) * * *, or (2)(h) * * *or (2)(i) of Section 63-1-53, or Section 63-9-25.

     (3)  Notice shall be given at the following time:

          (a)  Before suspension, revocation or cancellation, whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Driver License Compact Law, the Mississippi Motor Vehicle Safety Responsibility Law or * * *paragraph subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53.

          (b)  Unless otherwise specifically provided for by law, at the time of suspension, revocation or cancellation, whenever a person's driver's license or driving privileges are suspended, revoked or cancelled in accordance with the Mississippi Commercial Driver's License Law, the Mississippi Implied Consent Law, the Youth Court Law, Chapter 23 of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, * * *paragraph subsection (2)(g) * * *, or (2)(h) * * *or (2)(i) of Section 63-1-53, or Section 63-9-25.

     (4)  Whenever the Commissioner of Public Safety suspends, revokes or cancels the driver's license or driving privileges of any person in accordance with some provision of law other than a provision of law referred to in subsections (2) and (3) of this section, and the manner and time for giving notice is not provided for in such law, then notice of such suspension, revocation or cancellation shall be given in the manner and at the time provided for under * * *paragraph subsections (2)(b) and (3)(b) of this section.

     SECTION 5.  Section 99-5-11, Mississippi Code of 1972, is amended as follows:

     99-5-11.  All conservators of the peace may take recognizance or bond; certificate of default; alias warrant; when protection order registry must be checked; when bond not required.  (1)  All justice court judges and all other conservators of the peace are authorized, whenever a person is brought before them charged with any offense not capital for which bail is allowed by law, to take the recognizance or bond of the person, with sufficient sureties, in such penalty as the justice court judge or conservator of the peace may require, for his appearance before the justice court judge or conservator of the peace for an examination of his case at some future day.  And if the person thus recognized or thus giving bond fails to appear at the appointed time, it shall be the duty of the justice court judge or conservator of the peace to return the recognizance or bond, with his certificate of default, to the court having jurisdiction of the case, and a recovery may be had therein by scire facias, as in other cases of forfeiture.  The justice court judge or other conservator of the peace shall also issue an alias warrant for the defaulter.

     (2)  In circumstances involving an offense against any of the following:  (a) a current or former spouse of the accused or child of that person; (b) a person living as a spouse or who formerly lived as a spouse with the accused or a child of that person; (c) a parent, grandparent, child, grandchild or someone similarly situated to the accused; (d) a person who has a current or former dating relationship with the accused; or (e) a person with whom the accused has had a biological or legally adopted child, the justice court judge or other conservator of the peace shall check, or cause to be made a check, of the status of the person for whom recognizance or bond is taken before ordering bail in the Mississippi Protection Order Registry authorized under Section 93-21-25, and the existence of a domestic abuse protection order against the accused shall be considered when determining appropriate bail.

     (3)  A conservator of the peace may release a misdemeanant on his or her own recognizance and, for all offenses not described in subsection (2) of this section, a misdemeanant is entitled to release on his or her own recognizance unless:  (a) the misdemeanant is on probation or parole, has other unresolved charges pending, or has a history of nonappearance; or (b) the proof is evident or presumption great that:  (i) the release of the misdemeanant would constitute a special danger to any other person or to the community; or (ii) release on recognizance is highly unlikely to assure the appearance of the person as required.

     SECTION 6.  Section 47-7-35, Mississippi Code of 1972, is amended as follows:

     47-7-35.  (1)  The courts referred to in Section 47-7-33 or 47-7-34 shall determine the terms and conditions of probation or post-release supervision * * *and based on an offender's risk and needs assessment and as provided in this section.  The courts may alter or modify * * *, the discretionary conditions consistent with an offender's risk and needs assessment at any time during the period of probation or post-release supervision * * *, the conditions and may include among them the following or any other:.  The discretionary conditions of probation or post-release supervision may include any of those set forth in paragraphs (b) through (j) of subsection (2) of this section.  The mandatory conditions of probation or post-release supervision shall include those set forth in paragraphs (a) and (k) of subsection (2) of this section.

     (2)  The discretionary and mandatory conditions of probation and post-release supervision are that the offender shall:

          (a)  Commit no offense against the laws of this or any other state of the United States, or of any federal, territorial or tribal jurisdiction of the United States;

          (b)  Avoid injurious or vicious habits;

          (c)  Avoid persons or places of disreputable or harmful character;

          (d)  Report to the probation and parole officer as directed.  The failure of an offender to report to the probation and parole officer for six (6) or more consecutive months may be considered a violation of a mandatory condition for revocation purposes;

          (e)  Permit the probation and parole officer to visit him at home or elsewhere;

          (f)  Work faithfully at suitable employment so far as possible;

          (g)  Remain within a specified area;

          (h)  Pay his fine in one (1) or several sums;

          (i)  Support his dependents;

          (j)  Submit, as provided in Section 47-5-601, to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States;

          (k)  Register as a sex offender if so required under Title 45, Chapter 33.

     ( * * *23)  When any court places a defendant on misdemeanor probation, the court must cause to be conducted a search of the probationer's name or other identifying information against the registration information regarding sex offenders maintained under Title 45, Chapter 33.  The search may be conducted using the Internet site maintained by the Department of Public Safety Sex Offender Registry.

     (4)  The time served on probation or post-release supervision may be reduced as provided in Section 47-7-40.

     SECTION 7.  Section 47-7-17, Mississippi Code of 1972, is amended as follows:

     47-7-17.  Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his offense, his previous social history, his previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made.  The board shall furnish at least three (3) months' written notice to each such offender of the date on which he is eligible for parole.

     Before ruling on the application for parole of any offender, the board may require a parole-eligible offender to have a hearing as required in this chapter before the board and to be interviewed.  The hearing shall be held no later than thirty (30) days prior to the month of eligibility.  No application for parole of a person convicted of a capital offense shall be considered by the board unless and until notice of the filing of such application shall have been published at least once a week for two (2) weeks in a newspaper published in or having general circulation in the county in which the crime was committed.  The board shall, within thirty (30) days prior to the scheduled hearing, also give notice of the filing of the application for parole to the victim of the offense for which the prisoner is incarcerated and being considered for parole or, in case the offense be homicide, a designee of the immediate family of the victim, provided the victim or designated family member has furnished in writing a current address to the board for such purpose.  Parole release shall, at the hearing, be ordered only for the best interest of society, not as an award of clemency; it shall not be considered to be a reduction of sentence or pardon.  An offender shall be placed on parole only when arrangements have been made for his proper employment or for his maintenance and care, and when the board believes that he is able and willing to fulfill the obligations of a law-abiding citizen.  When the board determines that the offender will need transitional housing upon release in order to improve the likelihood of * * *him or her the offender becoming a law-abiding citizen, the board may parole the offender with the condition that the inmate spends no more than six (6) months in a transitional reentry center.  At least fifteen (15) days prior to the release of an offender on parole, the director of records of the department shall give the written notice which is required pursuant to Section 47-5-177.  Every offender while on parole shall remain in the legal custody of the department from which he was released and shall be amenable to the orders of the board.  Upon determination by the board that an offender is eligible for release by parole, notice shall also be given within at least fifteen (15) days before release, by the board to the victim of the offense or the victim's family member, as indicated above, regarding the date when the offender's release shall occur, provided a current address of the victim or the victim's family member has been furnished in writing to the board for such purpose.

     Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.

     A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.

     The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole * * *, or the conduct of parole hearings * * *, or.  The board shall adopt such other rules consistent with subsections (1) and (2) of Section 47-7-35 regarding mandatory and discretionary conditions to be imposed upon parolees, including a condition that the parolee submit, as provided in Section 47-5-601 to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States.  The board shall have the authority to adopt rules related to the placement of certain offenders on unsupervised parole and for the operation of transitional reentry centers.  However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of fifty percent (50%) of the period of supervised parole.

     SECTION 8.  Section 47-7-27, Mississippi Code of 1972, is brought forward as follows:

     47-7-27.  (1)  The board may, at any time and upon a showing of probable violation of parole, issue a warrant for the return of any paroled offender to the custody of the department.  The warrant shall authorize all persons named therein to return the paroled offender to actual custody of the department from which he was paroled.

     (2)  Any field supervisor may arrest an offender without a warrant or may deputize any other person with power of arrest by giving him a written statement setting forth that the offender has, in the judgment of that field supervisor, violated the conditions of his parole or earned-release supervision.  The written statement delivered with the offender by the arresting officer to the official in charge of the department facility from which the offender was released or other place of detention designated by the department shall be sufficient warrant for the detention of the offender.

     (3)  The field supervisor, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation.  The field supervisor shall at once notify the board or department of the arrest and detention of the offender and shall submit a written report showing in what manner the offender has violated the conditions of parole or earned-release supervision.  An offender for whose return a warrant has been issued by the board shall, after the issuance of the warrant, be deemed a fugitive from justice.

     (4)  Whenever an offender is arrested on a warrant for an alleged violation of parole as herein provided, the board shall hold an informal preliminary hearing within seventy-two (72) hours to determine whether there is reasonable cause to believe the person has violated a condition of parole.  A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically.

     (5)  The right of the State of Mississippi to extradite persons and return fugitives from justice, from other states to this state, shall not be impaired by this chapter and shall remain in full force and effect.  An offender convicted of a felony committed while on parole, whether in the State of Mississippi or another state, shall immediately have his parole revoked upon presentment of a certified copy of the commitment order to the board.  If an offender is on parole and the offender is convicted of a felony for a crime committed prior to the offender being placed on parole, whether in the State of Mississippi or another state, the offender may have his parole revoked upon presentment of a certified copy of the commitment order to the board.

     (6)  (a)  The board shall hold a hearing for any parolee who is detained as a result of a warrant or a violation report within twenty-one (21) days of the parolee's admission to detention.  The board may, in its discretion, terminate the parole or modify the terms and conditions thereof.  If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred * * *and eighty (180) days or the board may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (b)  If the board does not hold a hearing or does not take action on the violation within the twenty-one-day time frame in paragraph (a) of this subsection, the parolee shall be released from detention and shall return to parole status.  The board may subsequently hold a hearing and may revoke parole or may continue parole and modify the terms and conditions of parole.  If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred eighty (180) days or the board may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (c)  For a parolee charged with one or more technical violations who has not been detained awaiting the revocation hearing, the board may hold a hearing within a reasonable time.  The board may revoke parole or may continue parole and modify the terms and conditions of parole.  If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred eighty (180) days or the board may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

     (7)  Unless good cause for the delay is established in the record of the proceeding, the parole revocation charge shall be dismissed if the revocation hearing is not held within the thirty (30) days of the issuance of the warrant.

     (8)  The chairman and each member of the board and the designated parole revocation hearing officer may, in the discharge of their duties, administer oaths, summon and examine witnesses, and take other steps as may be necessary to ascertain the truth of any matter about which they have the right to inquire.

     (9)  The board shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of parole, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the board, the number of one-hundred-twenty-day sentences in a technical violation center issued by the board, the number of one-hundred-eighty-day sentences issued by the board, and the number and average length of the suspended sentences imposed by the board in response to a violation.

     SECTION 9.  Section 47-7-34, Mississippi Code of 1972, is amended as follows:

     47-7-34.  (1)  When a court imposes a sentence upon a conviction for any felony committed after June 30, 1995, the court, in addition to any other punishment imposed if the other punishment includes a term of incarceration in a state or local correctional facility, may impose a term of post-release supervision.  However, the total number of years of incarceration plus the total number of years of post-release supervision, whether supervised by the Mississippi Department of Corrections or any other entity, shall not exceed the maximum sentence authorized to be imposed by law for the felony committed.  The defendant shall be placed under post-release supervision upon release from the term of incarceration.  The period of supervision shall be established by the court.  The time served on post-release supervision may be reduced under Section 47-7-40.

     (2)  The period of post-release supervision shall be conducted in the same manner as a like period of supervised probation, including a requirement that the defendant shall abide by any terms and conditions as the court may establish.  Failure to successfully abide by the terms and conditions shall be grounds to terminate the period of post-release supervision and to recommit the defendant to the correctional facility from which he was previously released.  Procedures for termination and recommitment shall be conducted in the same manner as procedures for the revocation of probation and imposition of a suspended sentence as required pursuant to Section 47-7-37.

     (3)  Post-release supervision programs shall be operated through the probation and parole unit of the Division of Community Corrections of the department.  The maximum amount of time that the Mississippi Department of Corrections may supervise an offender on the post-release supervision program is five (5) years.

     SECTION 10.  Section 47-7-37, Mississippi Code of 1972, is brought forward as follows:

     47-7-37.  (1)  The period of probation shall be fixed by the court, and may at any time be extended or terminated by the court, or judge in vacation.  Such period with any extension thereof shall not exceed five (5) years, except that in cases of desertion and/or failure to support minor children, the period of probation may be fixed and/or extended by the court for so long as the duty to support such minor children exists.  The time served on probation or post-release supervision may be reduced pursuant to Section 47-7-40.

     (2)  At any time during the period of probation, the court, or judge in vacation, may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the probationer to be arrested.  Any probation and parole officer may arrest a probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation.  Such written statement delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention shall be sufficient warrant for the detention of the probationer.

     (3)  Whenever an offender is arrested on a warrant for an alleged violation of probation as herein provided, the department shall hold an informal preliminary hearing within seventy-two (72) hours of the arrest to determine whether there is reasonable cause to believe the person has violated a condition of probation.  A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing.  The preliminary hearing may be conducted electronically.  If reasonable cause is found, the offender may be confined no more than twenty-one (21) days from the admission to detention until a revocation hearing is held.  If the revocation hearing is not held within twenty-one (21) days, the probationer shall be released from custody and returned to probation status.

     (4)  If a probationer or offender is subject to registration as a sex offender, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail.  In determining the danger posed by the release of the offender or probationer, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender or probationer's past and present conduct, including convictions of crimes and any record of arrests without conviction for crimes involving violence or sex crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender or probationer's family ties, length of residence in the community, employment history and mental condition; the offender or probationer's history and conduct during the probation or other supervised release and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant.

     (5)  (a)  The probation and parole officer after making an arrest shall present to the detaining authorities a similar statement of the circumstances of violation.  The probation and parole officer shall at once notify the court of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.  Within twenty-one (21) days of arrest and detention by warrant as herein provided, the court shall cause the probationer to be brought before it and may continue or revoke all or any part of the probation or the suspension of sentence.  If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (b)  If the offender is not detained as a result of the warrant, the court shall cause the probationer to be brought before it within a reasonable time and may continue or revoke all or any part of the probation or the suspension of sentence, and may cause the sentence imposed to be executed or may impose any part of the sentence which might have been imposed at the time of conviction.  If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (c)  If the court does not hold a hearing or does not take action on the violation within the twenty-one-day period, the offender shall be released from detention and shall return to probation status.  The court may subsequently hold a hearing and may revoke probation or may continue probation and modify the terms and conditions of probation.  If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center operated by the department or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (d)  For an offender charged with a technical violation who has not been detained awaiting the revocation hearing, the court may hold a hearing within a reasonable time.  The court may revoke probation or may continue probation and modify the terms and conditions of probation.  If the court revokes probation for one or more technical violations the court shall impose a period of imprisonment to be served in either a technical violation center operated by the department or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

     (6)  If the probationer is arrested in a circuit court district in the State of Mississippi other than that in which he was convicted, the probation and parole officer, upon the written request of the sentencing judge, shall furnish to the circuit court or the county court of the county in which the arrest is made, or to the judge of such court, a report concerning the probationer, and such court or the judge in vacation shall have authority, after a hearing, to continue or revoke all or any part of probation or all or any part of the suspension of sentence, and may in case of revocation proceed to deal with the case as if there had been no probation.  In such case, the clerk of the court in which the order of revocation is issued shall forward a transcript of such order to the clerk of the court of original jurisdiction, and the clerk of that court shall proceed as if the order of revocation had been issued by the court of original jurisdiction.  Upon the revocation of probation or suspension of sentence of any offender, such offender shall be placed in the legal custody of the State Department of Corrections and shall be subject to the requirements thereof.

     (7)  Any probationer who removes himself from the State of Mississippi without permission of the court placing him on probation, or the court to which jurisdiction has been transferred, shall be deemed and considered a fugitive from justice and shall be subject to extradition as now provided by law.  No part of the time that one is on probation shall be considered as any part of the time that he shall be sentenced to serve.

     (8)  The arresting officer, except when a probation and parole officer, shall be allowed the same fees as now provided by law for arrest on warrant, and such fees shall be taxed against the probationer and paid as now provided by law.

     (9)  The arrest, revocation and recommitment procedures of this section also apply to persons who are serving a period of post-release supervision imposed by the court.

     (10)  Unless good cause for the delay is established in the record of the proceeding, the probation revocation charge shall be dismissed if the revocation hearing is not held within thirty (30) days of the warrant being issued.

     (11)  The Department of Corrections shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of probation or post-release supervision, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the court, the number of one-hundred-twenty-day sentences in a technical violation center issued by the court, the number of one-hundred-eighty-day sentences issued by the court, and the number and average length of the suspended sentences imposed by the court in response to a violation.

     SECTION 11.  Section 47-7-38, Mississippi Code of 1972, is amended as follows:

     47-7-38.  (1)  The department shall * * *have the authority to impose graduated sanctions * * *as an alternative to before requesting judicial modification or revocation, as provided in Sections 47-7-27 and 47-7-37, for offenders on probation, parole, or post-release supervision who commit technical violations of the conditions of supervision as defined by Sections 47-7-2 and 47-7-35.

     (2)  The commissioner shall develop a standardized graduated sanctions system, which shall include a grid to guide field officers in determining the suitable response to a technical violation.  The commissioner shall promulgate rules and regulations for the development and application of the system of sanctions.  Field officers shall be required to conform to the sanction grid developed.

     (3)  The system of sanctions shall include a list of sanctions for the most common types of violations.  When determining the sanction to impose, the field officer shall take into account the offender's assessed risk level, previous violations and sanctions, and severity of the current and prior violations.

     (4)  Field officers shall notify the sentencing court * * *when a probationer has committed a technical violation or the parole board when a parolee has committed a technical violation of the type of violation and the sanction imposed or the Parole Board, as applicable, when a probationer or parolee has committed a technical violation, the type of violation and the sanction imposed. * * *When the technical violation is an arrest  If a probationer is arrested for a new criminal offense, the field officer shall notify the court within forty-eight (48) hours of becoming aware of the arrest.

     (5)  The graduated sanctions that the department may impose include, but shall not be limited to:

          (a)  Verbal warnings;

          (b)  Increased reporting;

          (c)  Increased drug and alcohol testing;

          (d)  Mandatory substance abuse treatment;

          (e)  Loss of earned-discharge credits; and

          (f)  Incarceration in a county jail for no more than two (2) days.  Incarceration as a sanction shall not be used more than two (2) times per month for a total period incarcerated of no more than four (4) days.

     (6)  The system shall also define positive reinforcements that offenders will receive for compliance with conditions of supervision.  These positive reinforcements shall include, but not be limited to:

          (a)  Verbal recognition;

          (b)  Reduced reporting; and

          (c)  Credits for earned discharge which shall be awarded pursuant to Section 47-7-40.

     (7)  The Department of Corrections shall provide semiannually to the Oversight Task Force the number and percentage of offenders who have one or more violations during the year, the average number of violations per offender during the year and the total and average number of incarceration sanctions as defined in subsection (5) of this section imposed during the year.

     SECTION 12.  Section 47-7-37.1, Mississippi Code of 1972, which provides specific reasons for the revocation of probation, is repealed.

     SECTION 13.  Section 9-23-5, Mississippi Code of 1972, is amended as follows:

     9-23-5.  For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:

          (a)  "Chemical" tests means the analysis of an individual's:  (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.

          (b)  "Crime of violence" means an offense listed in Section 97-3-2, other than burglary of a dwelling under Section 97-17-23(1) if the burglary victim agrees in writing that the victim has no objection to the defendant's participation in drug court.

          (c)  "Drug court" means an immediate and highly structured intervention process for substance abuse treatment of eligible defendants or juveniles that:

              (i)  Brings together substance abuse professionals, local social programs and intensive judicial monitoring; and

              (ii)  Follows the key components of drug courts published by the Drug Court Program Office of the United States Department of Justice.

     "Drug court" includes other problem-solving courts that conform to standards promulgated by the State Drug Courts Advisory Committee under Section 9-23-9, including, but not limited to, juvenile courts, veterans courts, or any other court designed to adjudicate criminal actions involving an identified classification of criminal defendant using effective and proven practices that reduce recidivism or substance dependency among participants.

          (d)  "Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.

          (e)  "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.

     SECTION 14.  Section 9-23-9, Mississippi Code of 1972, is amended as follows:

     9-23-9.  (1)  The State Drug Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of drug courts of whatever focus or description.  The committee must provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts.  The committee shall be chaired by the Director of the Administrative Office of Courts and shall consist of not less than seven (7) members nor more than eleven (11) members appointed by the Supreme Court and broadly representative of the courts, law enforcement, corrections, juvenile justice, child protective services and substance abuse treatment communities.

     (2)  The State Drug Courts Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to drug court policies and procedures including the drug court certification process.  The committee may make suggestions as to the criteria for eligibility, determination of indigence, and other procedural and substantive guidelines for drug court operation.

     (3)  The State Drug Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of drug courts established under this chapter and make recommendations to improve the drug courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.

     (4)  The State Drug Courts Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile drug court programs operating in Mississippi.  These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.

     (5)  The State Drug Courts Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified drug court and provide comments and make recommendations, as necessary, to the Chief Justice and the Director of the Administrative Office of Courts.

     SECTION 15.  Section 9-23-15, Mississippi Code of 1972, is amended as follows:

     9-23-15.  (1)  In order to be eligible for alternative sentencing through a local drug court, the participant must satisfy each of the following criteria:

          (a)  The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in * * * Section 97‑3‑2 this chapter within the previous ten (10) years.

          (b)  The crime before the court cannot be a crime of violence as defined in * * * Section 97‑3‑2 this chapter.

          (c)  Other criminal proceedings alleging commission of a crime of violence, as defined in this chapter, cannot be pending against the participant.

          (d)  The participant cannot be currently charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.

          (e)  The crime before the court cannot be for a charge of * * * driving under the influence of alcohol or any other drug or drugs any offense that resulted in the death of a person.

          (f)  The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.

     (2)  Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another drug court.  In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.

     (3)  (a)  As a condition of participation in a drug court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug court.  A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the drug court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing; the judge may also reduce or waive any fees for testing if the participant is indigent.

          (b)  A laboratory that performs a chemical test under this section shall report the results of the test to the drug court.

     (4)  A person does not have a right to participate in drug court under this chapter.  The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in drug court under this chapter.

     SECTION 16.  Section 9-23-19, Mississippi Code of 1972, is amended as follows:

     9-23-19.  (1)  All monies received from any source by the drug court shall be accumulated in a fund to be used only for drug court purposes.  Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the drug court fund for the funding of further activities by the drug court.

     (2)  A drug court may apply for and receive the following:

          (a)  Gifts, bequests and donations from private sources.

          (b)  Grant and contract money from governmental sources.

          (c)  Other forms of financial assistance approved by the court to supplement the budget of the drug court.

     (3)  The costs of participation in an alcohol and drug intervention program required by the certified drug court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.

     (4)  The court may assess such reasonable and appropriate fees to be paid to the local drug court fund for participation in an alcohol or drug intervention program, and may waive or reduce fees for participants found to be indigent.

     SECTION 17.  Section 99-19-81, Mississippi Code of 1972, is amended as follows:

     99-19-81.  (1)  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 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.

     (2)  A prior felony conviction shall not be considered for the purposes of this section if more than ten (10) years have elapsed between the date of completion of the sentence imposed for the prior felony and the date of the commission of the offense or offenses subject to sentencing.

     SECTION 18.  Section 99-19-83, Mississippi Code of 1972, is amended as follows:

     99-19-83.  (1)  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.

     (2)  A prior felony conviction shall not be considered for the purposes of this section if more than ten (10) years have elapsed between the date of completion of the sentence imposed for the prior felony and the date of the commission of the offense or offenses subject to sentencing.

     SECTION 19.  Section 63-1-216, Mississippi Code of 1972, is amended as follows:

     63-1-216.  (1)  (a)  A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if the person's license or permit to drive has been administratively suspended under Section 63-11-23 or the person has been convicted of a first violation of:

              (i)  Operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence of other drugs as provided in Section 63-11-30;

              (ii)  Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

              (iii)  Using a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year;

              (iv)  Refusal to submit to a test to determine the operator's alcohol concentration, as provided in Title 63, Chapter 11, Mississippi Code of 1972, while operating a commercial motor vehicle;

              (v)  Operating, attempting to operate, or being in actual physical control of a noncommercial motor vehicle on a highway with an alcohol concentration of eight one-hundredths percent (0.08%) or more, or under the influence of intoxicating liquor or other substance, as provided in Section 63-11-30;

              (vi)  Operating, attempting to operate, or being in actual physical control of a noncommercial motor vehicle on a highway when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely as provided in Section 63-11-30;

              (vii)  Operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified;

              (viii)  Operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.

          (b)  A person shall be disqualified from driving a commercial motor vehicle for three (3) years if convicted of a violation listed in subsection (1) of this section, if the violation occurred while transporting a hazardous material required to be placarded.

          (c)  A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two (2) or more  violations or a combination of them listed in subsection (1) of this section arising from two (2) or more separate occurrences.

          (d)  A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period.  A disqualification for three (3) serious traffic violations must be imposed consecutively to any other previous period of disqualification.

          (e)  A person shall be disqualified from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug and for which the person was convicted.

          (f)  A person who is disqualified from driving a commercial motor vehicle shall surrender the person's Mississippi commercial driver's license no later than the effective date of the disqualification.  Upon receipt of the person's commercial driver's license, that person, if otherwise eligible, may apply for a non-CDL, and upon payment of sufficient fees receive the driver's license.

          (g)  The commissioner shall adopt rules establishing guidelines, including conditions, under which a disqualification for life under this section, except for a disqualification issued pursuant to paragraph (e) of this subsection, may be reduced to a period of not less than ten (10) years.

          (h)  A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.

          (i)  A person shall be disqualified from driving a commercial motor vehicle for a period of one hundred twenty (120) days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident.

          (j)  A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.

          (k)  A person who is simultaneously subject to a disqualification issued by the administrator of the Federal Motor Carrier Safety Administration pursuant to 49 CFR, Part 383.52 and a disqualification under any other provision of this section shall serve those disqualification periods concurrently.

     (2)  (a)  A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for one (1) year, if:

              (i)  The person is convicted of a first violation of operating, attempting to operate or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence, as provided in Section 63-11-30; and

              (ii)  The person's commercial driver's license is issued by a state or country that does not issue commercial driver's licenses and disqualify persons in accordance with 49 CFR, Parts 383 and 384.

          (b)  A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for three (3) years if the person is convicted of violating subsection (1) of this section, and the violation occurred while the person was transporting a hazardous material required to be placarded.

          (c)  A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person is convicted a second time of violating subsection (1) of this section, * * *and both if the convictions arise out of separate occurrences.

          (d)  A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for sixty (60) days if the person is convicted of two (2) serious traffic violations, or for one hundred twenty (120) days if the person is convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period.

          (e)  A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person uses a commercial motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year, involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug, and for which the person was convicted.

          (f)  In addition to the reasons specified in this section for suspension of the commercial driver's license, the commissioner shall be authorized to suspend the commercial driver's license of any person for being out of compliance with an order for support, as defined in Section 93-11-153.  The procedure for suspension of a commercial driver's license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a commercial driver's license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.  If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

     SECTION 20.  (1)  Legal effect of an order to expunge; eligibility.  (a)  "Expungement" or "expunction" means the deletion, by court order, of the records of criminal offenses from a person's public records.

          (b)  (i)  Upon entering an order of expunction under this section, a nonpublic record thereof shall be retained by the Mississippi Criminal Information Center solely for the purpose of determining whether, in subsequent proceedings, the person is a first offender.

              (ii)  The order of expunction shall not preclude a district attorney's office from retaining a nonpublic record thereof for law enforcement purposes only.

              (iii)  The existence of an order of expunction shall not preclude an employer from asking a prospective employee if the employee has had an order of expunction entered on his behalf.

          (c)  (i)  The effect of an expunction order shall be to restore the person, in the contemplation of the law, to the status he occupied before any arrest or indictment for which convicted, and the person thereafter legally stands as though he had never been arrested, indicted, or convicted of the expunged offense or offenses and may lawfully so respond to any query of prior convictions.

              (ii)  No person as to whom an expunction order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest, indictment or conviction in response to any inquiry made of him for any purpose other than the purpose of determining, in any subsequent proceedings under this section, whether the person is a first offender.  A person as to whom an order has been entered, upon request, shall be required to advise the court, in camera, of the previous conviction and expunction in any legal proceeding wherein the person has been called as a prospective juror.  The court shall thereafter and before the selection of the jury advise the attorneys representing the parties of the previous conviction and expunction.

          (d)  No public official is eligible for expunction of any felony or misdemeanor conviction related to his official duties.

     (2)  Expunction of misdemeanor convictions.  (a)  First offender.  Any person who has been convicted of a misdemeanor that is not a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records

          (b)  Multiple misdemeanors.  Upon prior notice to the appropriate prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court, and that the best interest of society would be served, the justice, municipal, county, or circuit court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged

          (c)  Records that may not be expunged.  The confidential records of law enforcement agencies and the driving record of a person maintained under Title 63, Mississippi Code of 1972, are not subject to expunction under this subsection (2).

     (3)  Expunction of felony convictions.  (a)  Any person who has been convicted of a felony that is not a crime of violence listed in Section 97-3-2, and who has paid all criminal fines and costs of court imposed in the sentence for the conviction, may petition the court in which the conviction was had for an order to expunge the conviction from all public records seven (7) years after the successful completion of all terms and conditions of the sentence for the conviction unless the felony, in the determination of the circuit court, is related to the distribution or trafficking of a controlled substance and, in the court's discretion, should not be expunged.

          (b)  The petitioner shall give ten (10) days' written notice to the district attorney before any hearing on the petition.  In all cases, the court wherein the petition is filed may grant the petition if the court determines, on the record or in writing, that the applicant is rehabilitated from the offense which is the subject of the petition.  In those cases where the court denies the petition, the findings of the court in this respect shall be identified specifically and not generally.

     (4)  Convictions for purchase of light wine or beer by person under age of twenty-one (21).  A person who has been charged with a violation of subsection (1) or (2) of Section 67-3-70 may, not sooner than one (1) year after the dismissal and discharge or completion of any sentence and payment of any fine, apply to the court for an order to expunge from all official records all recordation relating to his arrest, trial, finding or plea of guilty, and dismissal and discharge.  If the court determines that such person was dismissed and the proceedings against him discharged or that such person had satisfactorily served his sentence and paid any fine, penalties and assessments, it shall enter such order.

     (5)  Nonconvictions.  (a)  Expunction of misdemeanor charges.  Any person who is arrested, issued a citation, or held for any misdemeanor and is not formally charged or prosecuted for the offense within twelve (12) months of arrest, or upon dismissal of the charge, may apply to the court with jurisdiction over the matter for the charges to be expunged.

          (b)  Nonadjudication of drug offenses.  Upon the dismissal of the charges against a person and discharge of proceedings against him under Section 41-29-150(d), the person may apply to the court for an order to expunge from all official records, other than the nonpublic records to be retained by the bureau under Section 41-29-150(d), all recordation relating to his arrest, indictment, trial, finding of guilt, and dismissal and discharge pursuant to Section 41-29-150.  If the court determines, after hearing, that the charge against the person was dismissed and the proceedings against him discharged, or that the person had satisfactorily served his sentence or period of probation and parole, it shall enter an order of expunction.

          (c)  Upon petition therefor, any circuit, county, justice, or municipal court with jurisdiction over a criminal offense shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed, the charges were dropped or there was no disposition of the case.

          (d)  From and after July 1, 2018, upon entry of an order of dismissal or nolle prosequi, the court shall automatically issue an order of expunction on its own motion and send a copy of the order to the defendant or the defendant's attorney.

     (6)  Filing fees.  (a)  Felony convictions in circuit court. A filing fee of One Hundred Fifty Dollars ($150.00) is hereby levied on each petition to expunge the record of a conviction in circuit or county court to be collected by the circuit clerk and distributed as follows:

              (i)  One Hundred Forty Dollars ($140.00) to be deposited into the State General Fund; and

              (ii)  Ten Dollars ($10.00) to be retained by the circuit clerk collecting the fee for administration purposes.

          (b)  No filing fee in certain cases.  There shall be no filing fee levied on petitions seeking expunction of offenses in cases where the petitioner was arrested and released and the case was dismissed or the charges were dropped or there was no disposition of the case.

          (c)  Misdemeanor convictions in justice and municipal courts.  The filing fee for expunction shall be as provided by law.

     (7)  Interstate Identification Index reports.  Upon notice of the filing of an expungement petition, the appropriate prosecuting attorney or criminal court clerk shall run a background check through the Federal Bureau of Investigation's National Crime Information Center Interstate Identification Index and present the results of the report to the criminal court.

     (8)  Post-expungement records.  A certified copy of every expunction order shall be sent by the clerk of the circuit, county, justice, or municipal court that issued the order to the Mississippi Criminal Information Center where it shall be maintained in a separate confidential database accessible only upon written request by a district attorney, a county prosecuting attorney, a municipal court prosecuting attorney, the Attorney General of Mississippi and the Mississippi Board on Law Enforcement Officer Standards and Training.  A criminal conviction that has been expunged may be used for the purpose of determining habitual offender status and for the use of the Mississippi Board on Law Enforcement Officer Standards and Training in granting or denying law enforcement certification, and to ensure that a person is only eligible for first-offender status one (1) time.

     SECTION 21.  Section 9-11-15, Mississippi Code of 1972, is amended as follows:

     9-11-15.  (1)  Justice court judges shall hold regular terms of their courts, at such times as they may appoint, not exceeding two (2) and not less than one (1) in every month, at the appropriate justice court courtroom established by the board of supervisors; and they may continue to hold their courts from day to day so long as business may require; and all process shall be returnable, and all trials shall take place at such regular terms, except where it is otherwise provided; but where the defendant is a nonresident or transient person, and it shall be shown by the oath of either party that a delay of the trial until the regular term will be of material injury to him, it shall be lawful for the judge to have the parties brought before him at any reasonable time and hear the evidence and give judgment or where the defendant is a nonresident or transient person and the judge and all parties agree, it shall be lawful for the judge to have the parties brought before him on the day a citation is made and hear the evidence and give judgment.  Such court shall be a court of record, with all the power incident to a court of record, including power to fine in the amount of fine and length of imprisonment as is authorized for a municipal court in Section 21-23-7(11) for contempt of court.

     (2)  (a)  In counties with a population of less than one hundred fifty thousand (150,000), each justice court shall designate at least one-half (1/2) day each month as a traffic court day, sufficient to handle the traffic violations docket of that court, and shall notify all appropriate law enforcement agencies of the date or dates.  On the day or days so designated, the justice court shall give priority to all cases involving traffic violations.

          (b)  In counties with a population of one hundred fifty thousand (150,000) or more, each justice court shall designate at least one (1) day each month as a traffic court day, sufficient to handle the traffic violations of that court, and shall notify all appropriate law enforcement agencies of the date or dates.  On the day or days so designated, the justice court shall give priority to all cases involving traffic violations.  The one (1) day may be one (1) whole day or it may be divided into half days as long as one-half (1/2) day is held in the morning and one-half (1/2) day is held in the afternoon, in the discretion of the court.

 * * * (3)  The justice court may, in its discretion, upon prior notice to the county prosecutor and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing, such person thereafter legally stands as though he or she had never been convicted of the misdemeanor(s) and may lawfully so respond to any query of prior convictions.  This order of expunction does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of said Title 63.

(4)  Notwithstanding the provisions of subsection (3) of this section, a person who was convicted in justice court of a misdemeanor before reaching his twenty‑third birthday, excluding conviction for a traffic violation, and who is a first offender, may utilize the provisions of Section 99‑19‑71, to expunge such misdemeanor conviction.

     SECTION 22.  Section 21-23-7, Mississippi Code of 1972, is amended as follows:

     21-23-7.  (1)  The municipal judge shall hold court in a public building designated by the governing authorities of the municipality and may hold court every day except Sundays and legal holidays if the business of the municipality so requires; provided, however, the municipal judge may hold court outside the boundaries of the municipality but not more than within a sixty-mile radius of the municipality to handle preliminary matters and criminal matters such as initial appearances and felony preliminary hearings.  The municipal judge may hold court outside the boundaries of the municipality but not more than within a one-mile radius of the municipality for any purpose.  The municipal judge shall have the jurisdiction to hear and determine, without a jury and without a record of the testimony, all cases charging violations of the municipal ordinances and state misdemeanor laws made offenses against the municipality and to punish offenders therefor as may be prescribed by law.  Except as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court.  Such complaint shall state the essential elements of the offense charged and the statute or ordinance relied upon.  Such complaint shall not be required to conclude with a general averment that the offense is against the peace and dignity of the state or in violation of the ordinances of the municipality.  He may sit as a committing court in all felonies committed within the municipality, and he shall have the power to bind over the accused to the grand jury or to appear before the proper court having jurisdiction to try the same, and to set the amount of bail or refuse bail and commit the accused to jail in cases not bailable.  The municipal judge is a conservator of the peace within his municipality.  He may conduct preliminary hearings in all violations of the criminal laws of this state occurring within the municipality, and any person arrested for a violation of law within the municipality may be brought before him for initial appearance.  The municipal court shall have jurisdiction of any case remanded to it by a circuit court grand jury.  The municipal court shall have civil jurisdiction over actions filed pursuant to and as provided in Title 93, Chapter 21, Mississippi Code of 1972, the Protection from Domestic Abuse Act.

     (2)  In the discretion of the court, where the objects of justice would be more likely met, as an alternative to imposition or payment of fine and/or incarceration, the municipal judge shall have the power to sentence convicted offenders to work on a public service project where the court has established such a program of public service by written guidelines filed with the clerk for public record.  Such programs shall provide for reasonable supervision of the offender and the work shall be commensurate with the fine and/or incarceration that would have ordinarily been imposed.  Such program of public service may be utilized in the implementation of the provisions of Section 99-19-20, and public service work thereunder may be supervised by persons other than the sheriff.

     (3)  The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for search and arrest upon a finding of probable cause, and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or the municipality of the respondent, and enforce obedience thereto.  The absence of a seal shall not invalidate the process.

     (4)  When a person shall be charged with an offense in municipal court punishable by confinement, the municipal judge, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel from the membership of The Mississippi Bar residing in his county who shall represent him.  Compensation for appointed counsel in criminal cases shall be approved and allowed by the municipal judge and shall be paid by the municipality.  The maximum compensation shall not exceed Two Hundred Dollars ($200.00) for any one (1) case.  The governing authorities of a municipality may, in their discretion, appoint a public defender(s) who must be a licensed attorney and who shall receive a salary to be fixed by the governing authorities.

     (5)  The municipal judge of any municipality is hereby authorized to suspend the sentence and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed by the municipal judge.  However, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years.  The municipal judge shall have the power to establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice.  Any such program shall be established by the court with written policies and procedures filed with the clerk of the court for public record.  Subsequent to original sentencing, the municipal judge, in misdemeanor cases, is hereby authorized to suspend sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the municipal judge, if (a) the judge or his or her predecessor was authorized to order such suspension when the sentence was originally imposed; and (b) such conviction (i) has not been appealed; or (ii) has been appealed and the appeal has been voluntarily dismissed.

     (6) * * *  Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing the said person thereafter legally stands as though he had never been convicted of the said misdemeanor(s) and may lawfully so respond to any query of prior convictions.  This order of expunction does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of said Title 63.  [Deleted]

     (7) * * *  Notwithstanding the provisions of subsection (6) of this section, a person who was convicted in municipal court of a misdemeanor before reaching his twenty‑third birthday, excluding conviction for a traffic violation, and who is a first offender, may utilize the provisions of Section 99‑19‑71, to expunge such misdemeanor conviction.  [Deleted]

     (8)  In the discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court.  Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law.  The judgment of the court shall reflect that the conviction was on a plea of nolo contendere.  An appeal may be made from a conviction on a plea of nolo contendere as in other cases.

     (9)  Upon execution of a sworn complaint charging a misdemeanor, the municipal court may, in its discretion and in lieu of an arrest warrant, issue a citation requiring the appearance of the defendant to answer the charge made against him.  On default of appearance, an arrest warrant may be issued for the defendant.  The clerk of the court or deputy clerk may issue such citations.

     (10)  The municipal court shall have the power to make rules for the administration of the court's business, which rules, if any, shall be in writing filed with the clerk of the court and shall include the enactment of rules related to the court's authority to issue domestic abuse protection orders pursuant to Section 93-21-1 et seq.

     (11)  The municipal court shall have the power to impose punishment of a fine of not more than One Thousand Dollars ($1,000.00) or six (6) months imprisonment, or both, for contempt of court.  The municipal court may have the power to impose reasonable costs of court, not in excess of the following:

     Dismissal of any affidavit, complaint or charge

in municipal court..................................... $  50.00

     Suspension of a minor's driver's license in lieu of

conviction............................................. $  50.00

Service of scire facias or return "not found".......... $  20.00

     Causing search warrant to issue or causing

prosecution without reasonable cause or refusing to

cooperate after initiating action...................... $ 100.00

Certified copy of the court record..................... $   5.00

     Service of arrest warrant for failure to answer

citation or traffic summons............................ $  25.00

Jail cost per day - actual jail cost paid by the municipality but not to exceed................................................ $  35.00

Service of court documents related to the filing

of a petition or issuance of a protection from domestic

abuse order under Title 93, Chapter 21, Mississippi

Code of 1972 .......................................... $  25.00

Expungement............................................ $  50.00

Any other item of court cost........................... $  50.00

     No filing fee or such cost shall be imposed for the bringing of an action in municipal court.

     (12)  A municipal court judge shall not dismiss a criminal case but may transfer the case to the justice court of the county if the municipal court judge is prohibited from presiding over the case by the Canons of Judicial Conduct and provided that venue and jurisdiction are proper in the justice court.  Upon transfer of any such case, the municipal court judge shall give the municipal court clerk a written order to transmit the affidavit or complaint and all other records and evidence in the court's possession to the justice court by certified mail or to instruct the arresting officer to deliver such documents and records to the justice court.  There shall be no court costs charged for the transfer of the case to the justice court.

 * * * (13)  A municipal court judge shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.

     SECTION 23.  Section 41-29-150, Mississippi Code of 1972, is amended as follows:

     41-29-150.  (a)  Any person convicted under Section 41-29-139 may be required, in the discretion of the court, as a part of the sentence otherwise imposed, or in lieu of imprisonment in cases of probation or suspension of sentence, to attend a course of instruction conducted by the bureau, the State Board of Health, or any similar agency, on the effects, medically, psychologically and socially, of the misuse of controlled substances.  The course may be conducted at any correctional institution, detention center or hospital, or at any center or treatment facility established for the purpose of education and rehabilitation of those persons committed because of abuse of controlled substances.

     (b)  Any person convicted under Section 41-29-139 who is found to be dependent upon or addicted to any controlled substance shall be required, as a part of the sentence otherwise imposed, or in lieu of imprisonment in cases of parole, probation or suspension of sentence, to receive medical treatment for such dependency or addiction.  The regimen of medical treatment may include confinement in a medical facility of any correctional institution, detention center or hospital, or at any center or facility established for treatment of those persons committed because of a dependence or addiction to controlled substances.

     (c)  Those persons previously convicted of a felony under Section 41-29-139 and who are now confined at the Mississippi State Hospital at Whitfield, Mississippi, or at the East Mississippi State Hospital at Meridian, Mississippi, for the term of their sentence shall remain under the jurisdiction of the Mississippi Department of Corrections and shall be required to abide by all reasonable rules and regulations promulgated by the director and staff of said institutions and of the Department of Corrections.  Any persons so confined who shall refuse to abide by said rules or who attempt an escape or who shall escape shall be transferred to the State Penitentiary or to a county jail, where appropriate, to serve the remainder of the term of imprisonment; this provision shall not preclude prosecution and conviction for escape from said institutions.

     (d)  (1)  If any person who has not previously been convicted of violating Section 41-29-139, or the laws of the United States or of another state relating to narcotic drugs, stimulant or depressant substances, other controlled substances or marihuana is found to be guilty of a violation of subsection (c) or (d) of Section 41-29-139, after trial or upon a plea of guilty, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him on probation upon such reasonable conditions as it may require and for such period, not to exceed three (3) years, as the court may prescribe. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against such person and discharge him from probation before the expiration of the maximum period prescribed for such person's probation.  If during the period of his probation such person does not violate any of the conditions of the probation, then upon expiration of such period the court shall discharge such person and dismiss the proceedings against him.  Discharge and dismissal under this subsection shall be without court adjudication of guilt, but a nonpublic record thereof shall be retained by the bureau solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this subsection.  Such discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the penalties prescribed under this article for second or subsequent conviction, or for any other purpose.  Discharge and dismissal under this subsection may occur only once with respect to any person; and

          (2)  Upon the dismissal of a person and discharge of proceedings against him under paragraph (1) of this subsection, the person may apply to the court for an expunction order * * * to expunge from all official records, other than the nonpublic records to be retained by the bureau under paragraph (1) of this subsection, all recordation relating to his arrest, indictment, trial, finding of guilt, and dismissal and discharge pursuant to this section.  If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged, or that the person had satisfactorily served his sentence or period of probation and parole, it shall enter an order of expunction.  The effect of the order shall be to restore the person, in the contemplation of the law, to the status he occupied before such arrest or indictment.  No person as to whom such an order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, indictment or trial in response to any inquiry made of him for any purpose.  A person as to whom an order has been entered, upon request, shall be required to advise the court, in camera, of the previous conviction and expunction in any legal proceeding wherein the person has been called as a prospective juror.  The court shall thereafter and before the selection of the jury advise the attorneys representing the parties of the previous conviction and expunction. under Section 21 of this act.

     (e)  Every person who has been or may hereafter be convicted of a felony offense under Section 41-29-139 and sentenced under Section 41-29-150(c) shall be under the jurisdiction of the Mississippi Department of Corrections.

     (f)  It shall be unlawful for any person confined under the provisions of subsection (b) or (c) of this section to escape or attempt to escape from said institution, and, upon conviction, said person shall be guilty of a felony and shall be imprisoned for a term not to exceed two (2) years.

     (g)  It is the intent and purpose of the Legislature to promote the rehabilitation of persons convicted of offenses under the Uniform Controlled Substances Law.

     SECTION 24.  Section 45-27-21, Mississippi Code of 1972, is amended as follows:

     45-27-21.  A certified copy of every * * * expunction and nonadjudication order shall be sent by the circuit clerk to the Mississippi Criminal Information Center where it shall be maintained in a separate confidential database accessible only upon written request by a district attorney, a county prosecuting attorney, a municipal court prosecuting attorney, the Attorney General of Mississippi and the Mississippi Law Enforcement Standards and Training Board.  Any criminal conviction which has been * * *expunged or nonadjudicated may be used for the purpose of determining habitual offender status and for the use of the Mississippi Law Enforcement Standards and Training Board in * * *giving or retaining granting or denying law enforcement certification, and to ensure that a person is only eligible for first-offender status one (1) time.

     SECTION 25.  Section 63-11-30, Mississippi Code of 1972, is amended as follows:

     63-11-30.  (1)  It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person:

          (a)  Is under the influence of intoxicating liquor;

          (b)  Is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle;

          (c)  Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or

          (d)  Has an alcohol concentration in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath, as shown by a chemical analysis of the person's breath, blood or urine administered as authorized by this chapter, of:

              (i)  Eight one-hundredths percent (.08%) or more for a person who is above the legal age to purchase alcoholic beverages under state law;

              (ii)  Two one-hundredths percent (.02%) or more for a person who is below the legal age to purchase alcoholic beverages under state law; or

              (iii)  Four one-hundredths percent (.04%) or more for a person operating a commercial motor vehicle.

     (2)  Except as otherwise provided in subsection (3) of this section (Zero Tolerance for Minors):

          (a)  First offense DUI.  (i)  Upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail, or both; the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of sentencing.  The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail.

              (ii)  Suspension of commercial driving privileges is governed by Section 63-1-216.

              (iii)  A qualifying first offense may be nonadjudicated by the court under subsection (14) of this section. * * *  The holder of a commercial driver's license or a commercial learning permit at the time of the offense is ineligible for nonadjudication.

              (iv)  Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.

          (b)  Second offense DUI.  (i)  Upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor, fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than six (6) months and sentenced to community service work for not less than ten (10) days nor more than six (6) months.  The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain.

              (ii)  Suspension of commercial driving privileges is governed by Section 63-1-216.

              (iii)  Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.

          (c)  Third offense DUI.  (i)  For a third conviction of a person for violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), and shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections.  For any offense that does not result in serious injury or death to any person, the sentence of incarceration may be served in the county jail rather than in the State Penitentiary at the discretion of the circuit court judge.  The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain.

              (ii)  The suspension of commercial driving privileges is governed by Section 63-1-216.

              (iii)  The suspension of regular driving privileges is governed by Section 63-11-23.

          (d)  Fourth and subsequent offense DUI.  (i)  For any fourth or subsequent conviction of a violation of subsection (1) of this section, without regard to the time period within which the violations occurred, the person shall be guilty of a felony and fined not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), and shall serve not less than two (2) years nor more than ten (10) years in the custody of the Department of Corrections.

              (ii)  The suspension of commercial driving privileges is governed by Section 63-1-216.

              (iii)  A person convicted of a fourth or subsequent offense is ineligible to exercise the privilege to operate a motor vehicle that is not equipped with an ignition-interlock device for ten (10) years.

          (e)  Any person convicted of a second or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment for alcohol or drug abuse, the person must successfully complete treatment at a program site certified by the Department of Mental Health.  Each person who receives a diagnostic assessment shall pay a fee representing the cost of the assessment.  Each person who participates in a treatment program shall pay a fee representing the cost of treatment.

          (f)  The use of ignition-interlock devices is governed by Section 63-11-31.

     (3)  Zero Tolerance for Minors.  (a)  This subsection shall be known and may be cited as Zero Tolerance for Minors.  The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%).  If the person's blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply.

          (b)  (i)  A person under the age of twenty-one (21) is eligible for nonadjudication of a qualifying first offense by the court pursuant to subsection (14) of this section.

              (ii)  Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined Two Hundred Fifty Dollars ($250.00); the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months.  The court may also require attendance at a victim impact panel.

          (c)  A person under the age of twenty-one (21) years who is convicted of a second violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than Five Hundred Dollars ($500.00).

          (d)  A person under the age of twenty-one (21) years who is convicted of a third or subsequent violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than One Thousand Dollars ($1,000.00).

          (e)  License suspension is governed by Section 63-11-23 and ignition interlock is governed by Section 63-11-31.

          (f)  Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section must complete treatment of an alcohol or drug abuse program at a site certified by the Department of Mental Health.

     (4)  DUI test refusal.  In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of the person's breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of the test in any prosecution, shall suffer an additional administrative suspension of driving privileges as set forth in Section 63-11-23.

     (5)  Aggravated DUI.  (a)  Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction.  Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.

          (b)  A holder of a commercial driver's license who is convicted of operating a commercial motor vehicle with an alcohol concentration of eight one-hundreths percent (.08%) or more shall be guilty of a felony and shall be committed to the custody of the Department of Corrections for not less than two (2) years and not more than ten (10) years.

          (c)  The court shall order an ignition-interlock restriction on the offender's privilege to drive as a condition of probation or post-release supervision not to exceed five (5) years unless a longer restriction is required under other law.  The iginition-interlock restriction shall not be applied to commercial license privileges until the driver serves the full disqualification period required by Section 63-1-216.

     (6)  DUI citations.  (a)  Upon conviction of a violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised.  If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit.  The court clerk must immediately send a copy of the traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction or other order of the court, to the Department of Public Safety as provided in Section 63-11-37.

          (b)  A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.  The Department of Public Safety shall maintain a central database for verification of prior offenses and convictions.

     (7)  Out-of-state prior convictions.  Convictions in another state, territory or possession of the United States, or under the law of a federally recognized Native American tribe, of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring within five (5) years before an offense shall be counted for the purposes of determining if a violation of subsection (1) of this section is a second, third, fourth or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.

     (8)  Charging of subsequent offenses.  (a)  For the purposes of determining how to impose the sentence for a second, third, fourth or subsequent conviction under this section, the affidavit or indictment shall not be required to enumerate previous convictions.  It shall only be necessary that the affidavit or indictment states the number of times that the defendant has been convicted and sentenced within the past five (5) years for a second or third offense, or without a time limitation for a fourth or subsequent offense, under this section to determine if an enhanced penalty shall be imposed.  The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third, fourth or subsequent offense of this section.

          (b)  Before a defendant enters a plea of guilty to an offense under this section, law enforcement must submit certification to the prosecutor that the defendant's driving record, the confidential registry and National Crime Information Center record have been searched for all prior convictions, nonadjudications, pretrial diversions and arrests for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle.  The results of the search must be included in the certification.

     (9)  License eligibility for underage offenders.  A person who is under the legal age to obtain a license to operate a motor vehicle at the time of the offense and who is convicted under this section shall not be eligible to receive a driver's license until the person reaches the age of eighteen (18) years.

     (10)  License suspensions and restrictions to run consecutively.  Suspension or restriction of driving privileges for any person convicted of or nonadjudicated for violations of subsection (1) of this section shall run consecutively to and not concurrently with any other administrative license suspension.

     (11)  Ignition interlock.  If the court orders installation and use of an ignition-interlock device as provided in Section 63-11-31 for every vehicle operated by a person convicted or nonadjudicated under this section, each device shall be installed, maintained and removed as provided in Section 63-11-31.

     (12)  DUI child endangerment.  A person over the age of twenty-one (21) who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle.  The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing.  An offender who is convicted of a violation of this subsection shall be punished as follows:

          (a)  A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a first conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or shall be imprisoned for not more than twelve (12) months, or both;

          (b)  A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a second conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned for one (1) year, or both;

          (c)  A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a third or subsequent conviction shall be guilty of a felony and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00) or shall be imprisoned for not less than one (1) year nor more than five (5) years, or both; and

          (d)  A person who commits a violation of this subsection which results in the serious injury or death of a child, without regard to whether the offense was a first, second, third or subsequent offense, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Ten Thousand Dollars ($10,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years.

     (13)  Expunction.  (a)  Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the conviction.  Expunction under this subsection will only be available to a person:

              (i)  Who has successfully completed all terms and conditions of the sentence imposed for the conviction;

              (ii)  Who did not refuse to submit to a test of his blood or breath;

              (iii)  Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;

              (iv)  Who has not been convicted of and does not have pending any other offense of driving under the influence;

              (v)  Who has provided the court with justification as to why the conviction should be expunged; and

              (vi)  Who has not previously had a nonadjudication or expunction of a violation of this section.

          (b)  A person is eligible for only one (1) expunction under this subsection, and the Department of Public Safety shall maintain a permanent confidential registry of all cases of expunction under this subsection for the sole purpose of determining a person's eligibility for expunction, for nonadjudication, or as a first offender under this section.

          (c)  The court in its order of expunction shall state in writing the justification for which the expunction was granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order.

     (14)  Nonadjudication.  (a)  For the purposes of this chapter, "nonadjudication" means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial on the merits or upon the entry of a plea of guilt by a defendant, and places the defendant in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court under this subsection.

          (b)  A person is eligible for nonadjudication of an offense under this Section 63-11-30 only one (1) time under any provision of a law that authorizes nonadjudication and only for an offender:

              (i)  Who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program;

              (ii)  Who was not * * * the holder of operating a commercial * * * driver's license or a commercial learning permit motor vehicle at the time of the offense;

              (iii)  Who has not previously been convicted of and does not have pending any former or subsequent charges under this section; and

              (iv)  Who has provided the court with justification as to why nonadjudication is appropriate.

          (c)  Nonadjudication may be initiated upon the filing of a petition for nonadjudication or at any stage of the proceedings in the discretion of the court; the court may withhold adjudication of guilt, defer sentencing, and upon the agreement of the offender to participate in a nonadjudication program, enter an order imposing requirements on the offender for a period of court supervision before the order of nonadjudication is entered.  Failure to successfully complete a nonadjudication program subjects the person to adjudication of the charges against him and to imposition of all penalties previously withheld due to entrance into a nonadjudication program.  The court shall immediately inform the commissioner of the conviction as required in Section 63-11-37.

              (i)  The court shall order the person to:

                   1.  Pay the nonadjudication fee imposed under Section 63-11-31 if applicable;

                   2.  Pay all fines, penalties and assessments that would have been imposed for conviction;

                   3.  Attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of the date of the order;

                   4.  a.  If the court determines that the person violated this section with respect to alcohol or intoxicating liquor, the person must install an ignition-interlock device on every motor vehicle operated by the person, obtain an interlock-restricted license, and maintain that license for one hundred twenty (120) days or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person must not operate any vehicle.

                        b.  If the court determines that the person violated this section by operating a vehicle when under the influence of a substance other than alcohol that has impaired the person's ability to operate a motor vehicle, including any drug or controlled substance which is unlawful to possess under the Mississippi Controlled Substances Law, the person must submit to a one-hundred-twenty-day period of a nonadjudication program that includes court-ordered drug testing at the person's own expense not less often than every thirty (30) days, during which time the person may drive if compliant with the terms of the program, or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person will not operate any vehicle.

              (ii)  Other conditions that may be imposed by the court include, but are not limited to, alcohol or drug screening, or both, proof that the person has not committed any other traffic violations while under court supervision, proof of immobilization or impoundment of vehicles owned by the offender if required, and attendance at a victim-impact panel.

          (d)  The court may enter an order of nonadjudication only if the court finds, after a hearing or after ex parte examination of reliable documentation of compliance, that the offender has successfully completed all conditions imposed by law and previous orders of the court.  The court shall retain jurisdiction over cases involving nonadjudication for a period of not more than two (2) years.

          (e)  (i)  The clerk shall immediately forward a record of every person placed in a nonadjudication program and of every nonadjudication order to the Department of Public Safety for inclusion in the permanent confidential registry of all cases that are nonadjudicated under this subsection (14).

              (ii)  Judges, clerks and prosecutors involved in the trial of implied consent violations and law enforcement officers involved in the issuance of citations for implied consent violations shall have secure online access to the confidential registry for the purpose of determining whether a person has previously been the subject of a nonadjudicated case and 1. is therefore ineligible for another nonadjudication; 2. is ineligible as a first offender for a violation of this section; or 3. is ineligible for expunction of a conviction of a violation of this section.

              (iii)  The Driver Services Bureau of the department shall have access to the confidential registry for the purpose of determining whether a person is eligible for a form of license not restricted to operating a vehicle equipped with an ignition-interlock device.

              (iv)  The Mississippi Alcohol Safety Education Program shall have secure online access to the confidential registry for research purposes only.

     SECTION 26.  Section 99-15-26, Mississippi Code of 1972, is amended as follows:

     99-15-26.  (1)  (a)  In all criminal cases, felony and misdemeanor, other than crimes against the person, a crime of violence as defined in Section 97-3-2 or a violation of Section 97-11-31, the circuit or county court shall be empowered, upon the entry of a plea of guilty by a criminal defendant made on or after July 1, 2014, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.

          (b)  In all misdemeanor criminal cases, other than crimes against the person, the justice or municipal court shall be empowered, upon the entry of a plea of guilty by a criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.

          (c)  Notwithstanding paragraph (a) of this subsection (1), in all criminal cases charging a misdemeanor of domestic violence as defined in Section 99-3-7(5), a circuit, county, justice or municipal court shall be empowered, upon the entry of a plea of guilty by the criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.

          (d)  No person having previously qualified under the provisions of this section shall be eligible to qualify for release in accordance with this section for a repeat offense.  A person shall not be eligible to qualify for release in accordance with this section if charged with the offense of trafficking of a controlled substance as provided in Section 41-29-139(f) or if charged with an offense under the Mississippi Implied Consent Law.  Violations under the Mississippi Implied Consent Law can only be nonadjudicated under the provisions of Section 63-11-30.

     (2)  (a)  Conditions which the circuit, county, justice or municipal court may impose under subsection (1) of this section shall consist of:

              (i)  Reasonable restitution to the victim of the crime.

              (ii)  Performance of not more than nine hundred sixty (960) hours of public service work approved by the court.

              (iii)  Payment of a fine not to exceed the statutory limit.

              (iv)  Successful completion of drug, alcohol, psychological or psychiatric treatment, successful completion of a program designed to bring about the cessation of domestic abuse, or any combination thereof, if the court deems treatment necessary.

              (v)  The circuit or county court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed five (5) years.  The justice or municipal court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed two (2) years.

          (b)  Conditions which the circuit or county court may impose under subsection (1) of this section also include successful completion of an effective evidence-based program or a properly controlled pilot study designed to contribute to the evidence-based research literature on programs targeted at reducing recidivism.  Such program or pilot study may be community based or institutionally based and should address risk factors identified in a formal assessment of the offender's risks and needs.

     (3)  When the court has imposed upon the defendant the conditions set out in this section, the court shall release the bail bond, if any.

     (4)  Upon successful completion of the court-imposed conditions permitted by subsection (2) of this section, the court shall direct that the cause be dismissed and the case be closed.

 * * * (5)  Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.

     SECTION 27.  As provided in 21 USC Section 862a(d)(1), Mississippi opts out of the application of 21 USC Section 862a(a) to all individuals domiciled in the state.

     SECTION 28.  Section 99-15-59, Mississippi Code of 1972, which provides that any person who is arrested, issued a citation, or held for any misdemeanor and not formally charged or prosecuted with an offense within twelve (12) months of arrest, or upon dismissal of the charge, may apply to the court with jurisdiction over the matter for the charges to be expunged, is repealed.

     SECTION 29.  Section 99-19-71, Mississippi Code of 1972, which provides for expunction of certain felony and misdemeanor conviction records, is repealed.

     SECTION 30.  Section 99-19-72, Mississippi Code of 1972, which provides for filing fees for certain petitions for expunction and the disposition thereof, is repealed.

     SECTION 31.  This act shall take effect and be in force from and after July 1, 2019, and shall stand repealed from and after June 30, 2019.


     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 


     AN ACT TO AMEND SECTION 63-1-71, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A PERSON'S DRIVER'S LICENSE BE SUSPENDED FOR A CONTROLLED SUBSTANCE VIOLATION THAT IS UNRELATED TO OPERATING A MOTOR VEHICLE; TO AMEND SECTIONS 63-1-51 AND 63-1-53, MISSISSIPPI CODE OF 1972, TO ELIMINATE DRIVER'S LICENSE SUSPENSION FOR UNPAID FINES AND FEES; TO AMEND SECTION 63-1-52, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 99-5-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE RELEASE OF CERTAIN MISDEMEANANTS ON RECOGNIZANCE; TO AMEND SECTION 47-7-35, MISSISSIPPI CODE OF 1972, TO ESTABLISH MANDATORY AND DISCRETIONARY CONDITIONS FOR CERTAIN FORMS OF SUPERVISED RELEASE; TO PROVIDE THAT THE TERMS AND CONDITIONS OF AN OFFENDER'S SUPERVISED RELEASE MUST BE BASED ON THE OFFENDER'S RISK AND NEEDS ASSESSMENT; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION FOR OFFENDERS ON PAROLE; TO BRING FORWARD SECTION 47-7-27, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 47-7-34, MISSISSIPPI CODE OF 1972, TO CLARIFY ANY PERIOD OF SUPERVISED AND UNSUPERVISED POST-RELEASE SUPERVISION; TO BRING FORWARD SECTION 47-7-37, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 47-7-38, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO FIRST IMPOSE GRADUATED SANCTIONS BEFORE REQUESTING THE MODIFICATION OR REVOCATION OF AN OFFENDER'S SUPERVISED RELEASE; TO REPEAL SECTION 47-7-37.1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES SPECIFIC REASONS FOR THE REVOCATION OF PROBATION; TO AMEND SECTION 9-23-5, MISSISSIPPI CODE OF 1972, TO UPDATE THE DRUG COURT STATUTES TO ALLOW FOR ADDITIONAL TYPES OF PROBLEM-SOLVING COURTS; TO AMEND SECTION 9-23-9, MISSISSIPPI CODE OF 1972, TO EXPAND THE AUTHORITY OF THE STATE DRUG COURTS ADVISORY COMMITTEE TO INCLUDE OTHER TYPES OF PROBLEM-SOLVING COURTS; TO AMEND SECTIONS 9-23-15 AND 9-23-19, MISSISSIPPI CODE OF 1972, TO ALLOW THE COURT TO GRANT CERTAIN RELIEF FROM PAYMENT OF FEES IN CASES OF INDIGENCE, TO CONFORM TO CURRENT LAW CONCERNING INELIGIBILITY OF THOSE CHARGED WITH OR CONVICTED OF CERTAIN CRIMES OF VIOLENCE, AND TO REVISE ELIGIBILITY FOR PARTICIPATION IN DRUG COURT; TO AMEND SECTIONS 99-19-81 AND 99-19-83, MISSISSIPPI CODE OF 1972, TO ENSURE THAT PRIOR CONVICTIONS MORE THAN TEN YEARS OLD DO NOT LEAD TO HARSHER PUNISHMENTS; TO AMEND SECTION 63-1-216, MISSISSIPPI CODE OF 1972, TO REVISE COMMERCIAL DRIVER'S LICENSE SUSPENSION; TO CONSOLIDATE SEVERAL STATUTES CONCERNING EXPUNCTION AND TO CREATE A PARTIALLY UNIFIED EXPUNCTION STATUTE; TO PROVIDE FOR THE LEGAL EFFECT OF AN ORDER TO EXPUNGE; TO PROVIDE FOR EXPUNCTION OF MISDEMEANOR AND FELONY CONVICTIONS; TO SPECIFY RECORDS THAT MAY NOT BE EXPUNGED; TO PROVIDE FOR EXPUNCTION OF CONVICTIONS FOR PURCHASE OF LIGHT WINE OR BEER BY MINORS; TO PROVIDE FOR CERTAIN NONCONVICTIONS; TO SET FILING FEES ACCORDING TO PRE-EXISTING LAW; TO REQUIRE INTERSTATE IDENTIFICATION INDEX REPORTS; TO REQUIRE CLERKS OF COURT TO SUBMIT POST-EXPUNCTION RECORDS; TO AMEND SECTION 9-11-15, MISSISSIPPI CODE OF 1972, TO CONFORM EXPUNCTIONS IN THE JUSTICE COURTS; TO AMEND SECTION 21-23-7, MISSISSIPPI CODE OF 1972, TO CONFORM EXPUNCTION IN MUNICIPAL COURTS; TO AMEND SECTION 41-29-150, MISSISSIPPI CODE OF 1972, TO CONFORM EXPUNCTION OF CERTAIN DRUG CHARGES; TO AMEND SECTION 45-27-21, MISSISSIPPI CODE OF 1972, TO CONFORM RECORD-KEEPING REQUIREMENTS FOR THE CRIMINAL INFORMATION CENTER; TO AMEND SECTION 63-11-30, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 99-15-26, MISSISSIPPI CODE OF 1972, TO CONFORM NONADJUDICATION PROVISIONS; TO OPT OUT OF FEDERAL RESTRICTIONS ON SNAP ELIGIBILITY FOR DRUG OFFENDERS; TO REPEAL SECTION 99-15-59, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT ANY PERSON WHO IS ARRESTED, ISSUED A CITATION, OR HELD FOR ANY MISDEMEANOR AND NOT FORMALLY CHARGED OR PROSECUTED WITH AN OFFENSE WITHIN 12 MONTHS OF ARREST, OR UPON DISMISSAL OF THE CHARGE, MAY APPLY TO THE COURT WITH JURISDICTION OVER THE MATTER FOR THE CHARGES TO BE EXPUNGED; TO REPEAL SECTION 99-19-71, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR EXPUNCTION OF CERTAIN FELONY AND MISDEMEANOR CONVICTION RECORDS; TO REPEAL SECTION 99-19-72, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR FILING FEES FOR CERTAIN PETITIONS FOR EXPUNCTION AND THE DISPOSITION THEREOF; AND FOR RELATED PURPOSES.