House Bill 1046

AN ACT TO AMEND SECTIONS 99-19-81 AND 99-19-83, MISSISSIPPI CODE OF 1972, TO EXCLUDE NONVIOLENT OFFENDERS FROM HABITUAL OFFENDER PENALTIES; TO REPEAL SECTION 41-29-147, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PENALTIES FOR SECOND OR SUBSEQUENT DRUG OFFENSES; AND FOR RELATED PURPOSES.

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

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

99-19-81. Every person convicted in this state of a felony that is defined as a crime of violence in Section 97-3-2 who shall have been convicted twice previously of any felony that is defined as a crime of violence in Section 97-3-2 or federal crime that would be considered a crime of violence under Section 97-3-2 if the crime was prosecuted under state law 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.

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 that is defined as a crime of violence in Section 97-3-2 or federal crime that would be considered a crime of violence under Section 97-3-2 if the crime was prosecuted under state law 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. Section 41-29-147, Mississippi Code of 1972, which provides the penalties for second or subsequent drug offenses, is repealed.

SECTION 4. This act shall take effect and be in force from and after July 1, 2021.