MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary, Division A
By: Senator(s) Turner-Ford
AN ACT TO AMEND SECTION 99-41-29, MISSISSIPPI CODE OF 1972, TO EARMARK 10% OF THE ANNUAL FEDERAL VICTIMS OF CRIME ACT ALLOCATIONS (VOCA) TO THE MISSISSIPPI DEPARTMENT OF HEALTH TO PROVIDE GUN VIOLENCE VICTIM SERVICES; TO AUTHORIZE SUCH FUNDS TO BE USED TO CREATE A VIOLENCE INTERVENTION PROGRAM GRANT FUND TO BE EXPENDED ON EVIDENCE-DRIVEN VIOLENCE REDUCTION AND INTERVENTION PROGRAMS IN COMMUNITIES WITH DISPROPORTIONATELY HIGH RATES OF HOMICIDES AND VIOLENT CRIMES; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO INCREASE THE ASSESSMENT ON FELONY CONVICTIONS TO BE DEPOSITED INTO THE VIOLENCE INTERVENTION PROGRAM GRANT FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-41-29, Mississippi Code of 1972, is amended as follows:
99-41-29. (1) From and after July 1, 1990, there is hereby created in the State Treasury a special interest-bearing fund to be known as the Crime Victims' Compensation Fund. The monies contained in the fund shall be used for the sole purpose of payment of awards of compensation to victims and claimants pursuant to this chapter, the payment of all necessary and proper expenses incurred by the division in the administration of this chapter, payment of sexual assault examinations pursuant to Section 99-37-25, payment of Address Confidentiality Program administrative expenses pursuant to Section 99-47-1(7) and payment of other expenses in furtherance of providing assistance to victims of crime through information referrals, advocacy outreach programs and victim-related services. Expenditures from the fund shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, and upon requisitions signed by the Attorney General or his duly designated representative in the manner provided by law. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of: (a) monies appropriated by the Legislature for the purposes of compensating the victims of crime and other claimants under this chapter; (b) the interest accruing to the fund; (c) monies recovered by the director under the provisions of Section 99-41-21; (d) monies received from the federal government; and (e) monies received from such other sources as may be provided by law.
(2) No compensation payments shall be made which exceed the amount of money in the fund. The state shall not be liable for a written order to pay compensation, except to the extent that monies are available in the fund on the date the award is ordered. The Attorney General shall establish such rules and regulations as shall be necessary to adjust awards and payments so that the total amount awarded does not exceed the amount of money on deposit in the fund. Such rules and regulations may include, but shall not be limited to, the authority to provide for suspension of payments and proportioned reduction of benefits to all claimants; provided, however, no such reductions as provided for shall entitle claimants to future retroactive reimbursements in future years.
(3) From and after July 1, 2016, the expenses of the Crime Victims Compensation Fund program (including the Crime Victims Compensation Administration Fund) shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.
(4) From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
(5) From and after July 1, 2021, the Attorney General shall dedicate ten percent (10%) of the annual federal Victims of Crime Act (VOCA) allocation into the Crime Victims Compensation Fund, hereby created in the State Treasury, for targeted grant proposals to fund gun violence victim services, to be administered by the State Department of Health. The Attorney General shall contract with the State Department of Health to administer the Violence Intervention Program Grant Fund and develop procedures for grant applications and conditions for approval of grant funding. The Violence Intervention Program Grant Fund shall be used to utilize evidence-driven violence reduction and intervention strategies in communities with disproportionately high rates and numbers of homicides and other incidents of violent crime. The State Department of Health may retain three percent (3%) of said allocation into the Violence Intervention Program Grant Fund for necessary administrative expenses, and to provide technical assistance to VOCA-eligible community-based gun violence intervention groups during the application process and through the grant management period. The State Department of Health shall ensure that awarded funds meet federal requirements and any services for offenders are funded through state source funds. The Violence Intervention Program Grant Fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of:
(a) Monies received from the federal government under the VOCA grant program;
(b) Monies received from criminal assessments under Section 99-19-73;
(c) Monies appropriated by the Legislature for the purpose of funding the Violence Intervention Program;
(d) Donations and monies received from other public or private sources.
SECTION 2. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Driver Training Penalty Assessment Fund................. [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Spinal Cord and Head Injury Trust Fund
(for all moving violations)....................... [Deleted]
Emergency Medical Services Operating Fund............... [Deleted]
Mississippi Leadership Council on Aging Fund............ [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Judicial Performance Fund.............................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Children's Safe Center Fund............................ [Deleted]
DuBard School for Language Disorders Fund............... [Deleted]
Children's Advocacy Centers Fund....................... [Deleted]
Judicial System Operation Fund......................... [Deleted]
GENERAL FUND...................................... $ 90.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund....................... [Deleted]
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Driver Training Penalty Assessment Fund................. [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Emergency Medical Services Operating Fund............... [Deleted]
Mississippi Alcohol Safety Education Program Fund....... [Deleted]
Federal-State Alcohol Program Fund..................... [Deleted]
Mississippi Forensics Laboratory
Implied Consent Law Fund.......................... [Deleted]
Spinal Cord and Head Injury Trust Fund................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Statewide Victims' Information and
Notification System Fund.......................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
GENERAL FUND...................................... $ 243.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund........... [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Hunter Education and Training Program Fund.............. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
GENERAL FUND...................................... $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................... $30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00
All assessments collected under this subsection shall be deposited into the State General Fund.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund....................... [Deleted]
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund........................ [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
State Crime Stoppers Fund.............................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Judicial Performance Fund.............................. [Deleted]
Statewide Victims' Information and
Notification System Fund.......................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Information Exchange Network Fund...................... [Deleted]
Motorcycle Officer Training Fund....................... [Deleted]
Civil Legal Assistance Fund............................ [Deleted]
Justice Court Collections Fund......................... [Deleted]
Municipal Court Collections Fund....................... [Deleted]
GENERAL FUND........................................$121.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund....................... [Deleted]
Violence Intervention Program Fund.......................(Deleted)
State Court Education Fund............................. [Deleted]
State Prosecutor Education Fund........................ [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund........................ [Deleted]
Child Support Prosecution Trust Fund................... [Deleted]
Law Enforcement Officers Training Fund................. [Deleted]
Capital Defense Counsel Fund........................... [Deleted]
Indigent Appeals Fund.................................. [Deleted]
Capital Post-Conviction Counsel Fund................... [Deleted]
Victims of Domestic Violence Fund...................... [Deleted]
Criminal Justice Fund.................................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund......................... [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund.................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants...... [Deleted]
Crisis Intervention Mental Health Fund................. [Deleted]
Intervention Court Fund................................ [Deleted]
Statewide Victims' Information and
Notification System Fund.......................... [Deleted]
Public Defenders Education Fund........................ [Deleted]
Domestic Violence Training Fund........................ [Deleted]
Attorney General's Cyber Crime Unit.................... [Deleted]
Forensics Laboratory DNA Identification System Fund..... [Deleted]
GENERAL FUND.................................. $ * * *400.00
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................. $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund....................... $25.00
Mississippi Foster Care Fund.......................... $2.00
(c) Motor vehicle liability insurance violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 63-15-4(4) or Section 63-16-13(1):
Uninsured Motorist Identification Fund:
First offense................................$200.00
Second offense...............................$300.00
Third or subsequent offense..................$400.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check.
(b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month.
(c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 3. This act shall take effect and be in force from and after July 1, 2021.