MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane, England, Blackwell, Sparks, Moran, Seymour, Whaley, Chism, McCaughn, Branning, McLendon, Parker, Caughman, Hill, Tate, Barrett, Younger, McMahan
AN ACT TO AMEND SECTION 47-7-33, MISSISSIPPI CODE OF 1972, TO PROHIBIT A COURT FROM SUSPENDING THE SENTENCE OF AN OFFENDER IN A CASE INVOLVING THE EXPLOITATION OF CHILDREN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-7-33, Mississippi Code of 1972, is amended as follows:
47-7-33. (1) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in termtime or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed or in a case involving a violation of Section 97-5-33, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections.
(2) When any circuit or county court places an offender on probation, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender on probation. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender on probation.
(3) When any circuit court or county court places a person on probation in accordance with the provisions of this section and that person is ordered to make any payments to his family, if any member of his family whom he is ordered to support is receiving public assistance through the State Department of Human Services, the court shall order him to make such payments to the county welfare officer of the county rendering public assistance to his family, for the sole use and benefit of said family.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.