Amendment_Report_for

SECTION 1. Section 97-9-72, Mississippi Code of 1972, is amended as follows:

97-9-72. (1) The driver of a motor vehicle who is given a visible or audible signal by a law enforcement officer by hand, voice, emergency light or siren directing the driver to bring his motor vehicle to a stop when such signal is given by a law enforcement officer acting in the lawful performance of duty who has a reasonable suspicion to believe that the driver in question has committed a crime, and who willfully fails to obey such direction shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or imprisoned in the county jail for a term not to exceed six (6) months, or both.

(2) Any person who is guilty of violating subsection (1) of this section by operating a motor vehicle in such a manner as to indicate a reckless or willful disregard for the safety of persons or property, or who so operates a motor vehicle in a manner manifesting extreme indifference to the value of human life, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00), or by commitment to the custody of the Mississippi Department of Corrections for not more than * * *~~five (5)~~ ten (10) years, or both.

(3) Any person who is guilty of violating subsection (1) of this section, which violation results in serious bodily injury of another, upon conviction, shall be committed to the custody of the Department of Corrections for not less than three (3) nor more than twenty (20) years of imprisonment.

(4) Any person who is guilty of violating subsection (1) of this section, which violation results in the death of another, upon conviction, shall be committed to the custody of the Department of Corrections for not less than five (5) nor more than forty (40) years.

(5) It is a defense to prosecution under this section:

(a) That the law enforcement officer was not in uniform or that no law enforcement vehicle used in the attempted stop was clearly marked as a law enforcement vehicle; or

(b) That the driver proceeded in a safe manner to a reasonably near well-lit public place before stopping.

(6) In determining whether a law enforcement officer was reckless in his or her pursuit of a suspect, a court shall consider the following factors:

(a) The length of the chase;

(b) The characteristics of the streets;

(d) The seriousness of the suspect's offense;

(e) The experience and training of the officer;

(f) Whether the officer had available alternatives which would lead to the apprehension of the suspect besides the pursuit;

(g) The existence of police policy which prohibits pursuit under the circumstances;

(h) The presence of vehicular or pedestrian traffic;

(i) The weather conditions and visibility;

(j) Whether the officer proceeded with sirens and blue lights; and

(k) The rate of speed of the officer in comparison to the posted speed limit.

SECTION 2. Section 97-9-73, Mississippi Code of 1972, is amended as follows:

97-9-73. (1) It shall be unlawful for any person to obstruct or resist by force, or violence, or threats, or in any other manner, his lawful arrest or the lawful arrest of another person by any state, local or federal law enforcement officer, and any person or persons so doing shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not more than six (6) months, or both.

(2) If any person commits an unlawful act under subsection (1) of this section and serious bodily harm to any state, local or federal law enforcement officer occurs, any person or persons so doing shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the custody of the Mississippi Department of Corrections for not more than two (2) years, or both.

SECTION 3. Section 97-3-117, Mississippi Code of 1972, is amended as follows:

97-3-117. (1) Whoever shall knowingly or recklessly by force or violence, whether against resistance or by sudden or stealthy seizure or snatching, or by putting in fear, or attempting to do so, or by any other means shall take a motor vehicle from another person's immediate actual possession shall be guilty of carjacking.

(a) A person who is convicted of carjacking shall be fined not more than Five Thousand Dollars ($5,000.00) and be committed to the custody of the State Department of Corrections for not less than five (5) years nor more than fifteen (15) years.

(b) A person who is convicted of attempted carjacking shall receive the same punishment as the person who is convicted of carjacking.

(2) Whoever commits the offense of carjacking while armed with or having readily available any pistol or other firearm or imitation thereof or other dangerous or deadly weapon, including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switchblade, razor, blackjack, billy, or metallic or other false knuckles, or any object capable of inflicting death or serious bodily harm, shall be guilty of armed carjacking.

(a) Any person who is convicted of armed carjacking shall be fined not more than Ten Thousand Dollars ($10,000.00) and be committed to the custody of the State Department of Corrections for not less than ten (10) years nor more than thirty (30) years.

(b) Any person who is convicted of attempted armed carjacking shall receive the same punishment as the person who is convicted of armed carjacking.

(3) Any person convicted of a second or subsequent offense under this section shall be fined an amount up to twice that otherwise authorized and shall be imprisoned for a term of at least twice the minimum term provided for the offense and up to twice the maximum term otherwise authorized.

(4) Notwithstanding any other law to the contrary, the minimum terms imposed under this section shall not be reduced or suspended nor shall such person be eligible for probation or parole before the expiration of the minimum term of incarceration except as otherwise provided in this subsection.

The provisions of this subsection (4) shall not apply if the sentencing judge determines that the interests of justice would not be served by imposition of the proscribed mandatory portions of the sentence. In determining whether to apply the departure from the sentence prescribed, the court shall consider:

(a) The defendant's age at the time of the crime and the hallmark characteristics of youth, including immaturity, impetuosity, and the failure to appreciate risks and consequences.

(b) The defendant's family and home environment in which the defendant was raised, and that children generally have no control over their family and home environment.

(c) The circumstances of the crime, including the nature and extent of the defendant's participation, and the way familial and peer pressures may have affected him.

(d) Whether or not the defendant used violence or a weapon during the crime.

(e) Whether or not the crime resulted in a death or serious bodily injury of a person not a party to the crime.

(f) Whether or not the person provided information or assistance to a law enforcement agency, or its designee, which, in the opinion of the trial judge, objectively should or would have aided in the arrest or prosecution of others who participated in this crime.

(g) The possibility of rehabilitation if alternative sentencing is imposed.

The defendant and prosecution shall have adequate opportunity to develop and make a record of all information relevant to sentencing.

The court shall specify on the record and in the sentencing order the reasons for granting or denying the departure.

SECTION 4. Confidential informants shall be at least eighteen (18) years of age, and notified of their right to contact an attorney, and one or both parents if under the age of twenty-one (21), and all notifications shall happen at least twenty-four (24) hours before they agree to serve. Any deal, arrangement, or agreement must be detailed and in writing,

and the constitutional right to contact an attorney shall not be abridged or undermined, and exercising this right shall incur no negative consequences on any deal, arrangement, or agreement regarding informant work. To protect the safety of the individuals involved, informants may make no more than

one (1) sale, purchase, or transfer from any individual person.

SECTION 5. This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.