Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No. 1024

BY: Committee

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

     SECTION 1.  Section 99-19-81, Mississippi Code of 1972, is amended as follows:

     99-19-81.  Every person convicted in this state of a felony who shall have been convicted twice previously of any 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, within fifteen (15) years 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.

For purposes of this section, fifteen (15) years shall be counted:

(a)  From the date of the conviction for the crime, if the person was not incarcerated for the crime; or

(b)  From the date that the person was physically released from incarceration for the crime, if the person was incarcerated for the crime.

     SECTION 2.  Section 99-19-83, Mississippi Code of 1972, is amended as follows:

     99-19-83.  Every person convicted in this state of a felony that is defined as a crime of violence in Section 97-3-2 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.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed from and after June 30, 2020.

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

     AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT REGULATE HABITUAL OFFENDERS AND TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; AND FOR RELATED PURPOSES.

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