MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary, Division B

By: Senator(s) McMahan, Hill, Caughman, Tate, Suber

Senate Bill 2283

(As Passed the Senate)

AN ACT TO ENACT THE "FREEDOM OF ROADWAY ACT" TO INCREASE THE PENALTIES FOR A PERSON CONVICTED OF WILLFULLY OBSTRUCTING THE FREE, CONVENIENT AND NORMAL USE OF ANY PUBLIC PASSAGEWAY, INCLUDING PUBLIC ROADS, HIGHWAYS AND FEDERAL INTERSTATE HIGHWAYS; TO AMEND SECTION 97-35-25, MISSISSIPPI CODE OF 1972, TO PROVIDE INCREASED PENALTIES FOR A FIRST OFFENSE; TO PROVIDE A MANDATORY TERM OF IMPRISONMENT AND INCREASED PENALTIES FOR A SECOND OR SUBSEQUENT OFFENSE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  This act shall be known and may be cited as the "Freedom of Roadway Act."

     SECTION 2.  Section 97-35-25, Mississippi Code of 1972, is amended as follows:

     97-35-25.  (1)  (a)  It shall be unlawful for any person or persons to * * * wilfully willfully obstruct the free, convenient and normal use of any public sidewalk, street, highway, federal interstate highway, alley, road, or other passageway by impeding, hindering, stifling, retarding or restraining traffic or passage thereon, and any person or persons violating the provisions of this section shall be guilty of a misdemeanor * * *, and.

          (b)  Upon conviction * * * thereof for a first offense, an offender shall be * * * punished by a fine of not more than Five Hundred Dollars ($500.00) fined an amount not to exceed One Thousand Five Hundred Dollars ($1,500.00) or * * * by confinement imprisoned for a term not exceeding one (1) year in the county jail * * * not exceeding six (6) months, or * * * by both * * * such fine and imprisonment.

          (c)  Upon conviction for a second offense, an offender shall be imprisoned for a term of at least thirty (30) days and not to exceed one (1) year in the county jail.  An offender sentenced under this paragraph (c) may also be fined an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00) in addition to the required term of imprisonment under this paragraph.

     (2)  The provisions of this section are supplementary to the provisions of any other statute of this state.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2021.