Senate Amendments to House Bill No. 405
TO THE CLERK OF THE HOUSE:
THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 99-1-5, Mississippi Code of 1972, as amended by Senate Bill No. 2337, 2023 Regular Session, is amended as follows:
99-1-5. (1) (a) The passage of time shall never bar prosecution against any person for the offenses of murder, manslaughter, aggravated assault, aggravated domestic violence, kidnapping, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money or property under false pretenses or by fraud, felonious abuse or battery of a child as described in Section 97-5-39, touching or handling a child for lustful purposes as described in Section 97-5-23, sexual battery of a child as described in Section 97-3-95(1)(c), (d) or (2), exploitation of children as described in Section 97-5-33, promoting prostitution under Section 97-29-51(2) when the person involved is a minor, or any human trafficking offense as described in Section 97-3-54.1(1)(a), (1)(b) or (1)(c), Section 97-3-54.2, or Section 97-3-54.3.
(b) A person
shall not be prosecuted * * * for felonious assistance-program fraud,
as described in Section 97-19-71, or for felonious abuse of vulnerable persons,
as described in Sections 43-47-18 and 43-47-19, unless the prosecution for the offense is
commenced within five (5) years next after the commission thereof.
(c) A person shall not be prosecuted for larceny of timber as described in Section 97-17-59, unless the prosecution for the offense is commenced within six (6) years next after the commission thereof.
(d) The time limitation on prosecution for conspiracy, as described in Section 97-1-1, shall be the same as for the underlying offense for which the defendant is accused of conspiring to commit.
(e) A person shall not be prosecuted for bribery as defined in Section 97-11-11, unless the prosecution for the offense is commenced within five (5) years after the commission thereof.
(2) A person shall not be prosecuted for any other offense not listed in this section unless the prosecution for the offense is commenced within two (2) years next after the commission thereof.
(3) Nothing contained in this section shall bar any prosecution against any person who shall abscond or flee from justice, or shall absent himself from this state or out of the jurisdiction of the court, or so conduct himself that he cannot be found by the officers of the law, or that process cannot be served upon him.
SECTION 2. Section 97-11-11, Mississippi Code of 1972, is amended as follows:
97-11-11. (1) Every
person who shall promise, offer or give to any officer, agent or trustee,
either public or private, while holding such office, agency or trust, or after
he has become a candidate or applicant for the same, any money, goods,
chattels, right in action, or other property, real or personal, with intent to
influence his vote, opinion, action or judgment on any question, matter, cause
or proceeding which may be then pending, or may be thereafter subject to vote,
opinion, action or judgment of such officer, agent or trustee, shall, on
conviction, be imprisoned in the Penitentiary not less than five (5) years
but not more than * * * twenty (20) years,
or fined not more than * * * Ten
Thousand Dollars ($10,000.00), or both, and shall be forever disqualified
from holding any public office, trust or appointment, and shall forfeit his
office, if any be held.
(2) 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.
SECTION 3. Section 97-11-13, Mississippi Code of 1972, is amended as follows:
97-11-13. (1) If
any officer, agent or trustee shall accept any gift, offer or promise, prohibited
by Section 97-11-11, he shall, on conviction, be forever disqualified from
holding any public office, trust or appointment, and shall forfeit his office,
if any be held, and be imprisoned in the Penitentiary not less than five (5)
years but not more than * * * twenty
(20) years, or be fined not more than * * * Ten Thousand Dollars ($10,000.00), or both.
(2) 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.
SECTION 4. Section 97-11-53, Mississippi Code of 1972, is amended as follows:
97-11-53. As used in this section the following words shall have the following meaning:
* * *(a) Person: individual, firm, corporation,
association, partnership or other legal entity.
* * *(b) Public official:
* * *(i) Any elected official of the
State of Mississippi or of any political subdivision thereof, or
* * *(ii) Any officer, director,
commissioner, supervisor, chief, head, agent or employee of:
* * *1. The State of Mississippi,
* * *2. Any agency of the State of
Mississippi,
* * *3. Any political subdivision of
the State of Mississippi,
* * *4. Any body politic of the State of
Mississippi, or
* * *5. Any entity created by or under
the laws of the State of Mississippi or by executive order of the Governor of
the State of Mississippi and which expends public funds.
No person shall directly or
indirectly offer, promise, give or agree to give to any public official or his
spouse any money, property, or other tangible or intangible thing of value as
an inducement or incentive for (a) the awarding or refusal to award a contract
by any of the entities referred to in * * * items 1 through * * * 5 of * * * paragraph (b)(ii) of this
section; (b) the purchase, sale or lease of property by any of the entities
referred to in * * * items 1 through * * * 5 of * * * paragraph (b)(ii) of this
section; or (c) the accomplishment of any official act or purpose involving
public funds or public trust.
Any person who violates the
terms of this section shall be guilty of a felony and shall, upon conviction,
be imprisoned in the * * * Mississippi Department of Corrections not less than
five (5) years but not more than * * * twenty
(20) years, or be fined not more than * * * Ten Thousand Dollars (10,000.00), or both; and in
addition such person and the firm, corporation, partnership, association or
other type of business entity which he represents shall be barred for a period
of five (5) years from the date of conviction from doing business with the
State of Mississippi or any political subdivision thereof or any other public
entity referred to in this section.
No public official shall
directly or indirectly accept, receive, offer to receive or agree to receive
any gift, offer, or promise of any money, property or other tangible or
intangible thing of value as an inducement or incentive for (a) the awarding or
refusal to award a contract by any of the entities referred to in * * * items 1 through * * * 5 of * * * paragraph (b)(ii) of this
section; (b) the purchase, sale or lease of property by any of the entities
referred to in * * * items 1 through * * * 5 of * * * paragraph (b)(ii) of this
section; or (c) the accomplishment of any official act or purpose involving
public funds or public trust.
Any public official who
violates the terms of this section or whose spouse does so with his knowledge
and consent, shall be guilty of a felony and shall, upon conviction, be
imprisoned in the Penitentiary not less than five (5) years but not more
than * * * twenty (20) years, or be fined
not more than * * * Ten Thousand
Dollars ($10,000.00), or both; and in addition, upon conviction such public
official shall forfeit his office, if any he hold, and be forever disqualified
from holding any public office, trust, appointment or employment with the State
of Mississippi or any political subdivision thereof or with any other public
entity referred to in this section.
Each violation of the provisions of this section shall constitute a separate offense. 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.
SECTION 5. Section 97-1-5, Mississippi Code of 1972, is amended as follows:
97-1-5. (1) Every person who shall be convicted of having concealed, received, or relieved any felon, or having aided or assisted any felon, knowing that the person had committed a felony, with intent to enable the felon to escape or to avoid arrest, trial, conviction or punishment after the commission of the felony, on conviction thereof shall be imprisoned in the custody of the Department of Corrections as follows:
(a) If the felony was a violent crime:
(i) If the maximum punishment was life, death or twenty (20) years or more, for a period not to exceed twenty (20) years; or
(ii) If the maximum punishment for the violent felony was less than twenty (20) years, for a period not to exceed the maximum punishment.
(b) If the felony was a nonviolent crime other than the crimes listed in 97-1-5(1)(c):
(i) If the maximum punishment for the nonviolent felony was ten (10) years or more, for a period not to exceed ten (10) years; or
(ii) If the maximum punishment for the nonviolent felony was less than ten (10) years, for a period not to exceed the maximum punishment.
(c) If the felony was a crime provided for in Section 97-11-11, 97-11-13 or 97-11-53 for a period not less than five (5) years but not exceeding twenty (20) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(2) For the purposes of this section, "violent crime" means homicide, robbery, manslaughter, sex crimes, burglary of an occupied dwelling, aggravated assault, kidnapping, drive-by shooting, armed robbery, felonious abuse of a vulnerable person, felonies subject to an enhanced penalty, felony child abuse or exploitation, or any violation of Section 97-5-33 relating to exploitation of children, Section 97-5-39(1)(b), 97-5-39(1)(c) or 97-5-39(2) relating to child neglect or abuse, or Section 63-11-30(5) relating to aggravated DUI.
(3) In the prosecution of an offense under this section, it shall not be necessary to aver in the indictment or to prove on the trial that the principal has been convicted or tried.
(4) Notwithstanding any other law to the contrary, the minimum terms imposed under Section 97-1-5(1)(c) 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.
SECTION 6. This act shall take effect and be in force from and after July 1, 2023.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 99-1-5, MISSISSIPPI CODE OF 1972, AS AMENDED BY SENATE BILL NO. 2337, 2023 REGULAR SESSION, TO REVISE THE STATUTE OF LIMITATIONS FOR BRIBERY TO FIVE YEARS; TO AMEND SECTIONS 97-11-11, 97-11-13, 97-11-53 AND 97-1-5, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR THE COMMISSION OF BRIBERY CRIMES, INCLUDING ACCESSORY AFTER THE FACT; TO PROVIDE THAT THE MINIMUM TERMS IMPOSED FOR THE COMMISSION OF BRIBERY CRIMES SHALL NOT BE REDUCED, SUSPENDED OR ELIGIBLE FOR PROBATION OR PAROLE; AND FOR RELATED PURPOSES.
SS08\HB405PS.2J
Eugene S. Clarke
Secretary of the Senate