House Bill 1411

AN ACT TO AUTHORIZE ANY LAW ENFORCEMENT AGENCY WHO RELEASES A PERSON WHO HAS BEEN ARRESTED AND/OR CONVICTED FOR HIS OR HER SECOND OR SUBSEQUENT VIOLATION OF BURGLARY AND/OR LARCENY TO WEAR A GLOBAL POSITIONING MONITORING SYSTEM (GPS) AS A CONDITION OF HIS OR HER BAIL, PROBATION, PAROLE OR POST CONVICTION RELEASE; TO REQUIRE SUCH PERSON TO PAY A FEE FOR THE GPS; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. For the purposes of this section, the following words shall have the meanings described herein, unless the context indicates otherwise:

(1) (a) "Burglary" has the same meanings as the terms are defined in Sections 97-17-17 to 97-17-37.

(b) "Global positioning monitoring system" means a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device carried or worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology. The term does not include a system that contains or operates global positioning system technology, radio frequency identification technology or any other similar technology that is implanted in or otherwise invades or violates the individual's body.

(d) "Law enforcement agency" means the court, sheriff, law enforcement agency, Parole Board, Division of Community Corrections or Department of Corrections that ordered placement of the Global positioning monitoring system.

(2) Any law enforcement agency who releases a person for bail, probation, parole or post conviction release, who has been arrested and/or convicted for his or her second or subsequent violation of burglary and/or larceny, may require the person to wear a global positioning monitoring system.

(3) The law enforcement agency that imposes the condition described in this section shall order the entity that operates the global positioning monitoring system to notify the court and the appropriate local law enforcement agency if the person violates a condition of his or her release.

(4) A person who is required to wear a global positioning monitoring system shall be assessed a fee of Two Hundred Fifty Dollars ($250.00) to contribute to the cost of the global positioning monitoring system.

(5) This section does not limit the authority of the court or law enforcement agency to impose any other reasonable conditions or limit the court to enter any orders of protection under other applicable statutes.

SECTION 2. Section 47-7-3.2, Mississippi Code of 1972, is amended as follows:

47-7-3.2. (1) Notwithstanding Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, no person convicted of a criminal offense on or after July 1, 2014, shall be released by the department until he or she has served no less than the percentage of the sentence or sentences imposed by the court as set forth below:

(a) Twenty-five percent (25%) or ten (10) years, whichever is less, for a nonviolent crime;

(b) Fifty percent (50%) or twenty (20) years, whichever is less, for a crime of violence pursuant to Section 97-3-2, except for robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, or carjacking as defined in Section 97-3-117;

(c) Sixty percent (60%) or twenty-five (25) years, whichever is less, for robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, or carjacking as defined in Section 97-3-117.

(d) Any person who has been convicted for a second or subsequent violation of burglary and/or larceny as defined by Section 1 of this act shall be required to wear a global positioning system as a condition of his or her release as provided in Section 1 of this act.

(2) This section shall not apply to:

(a) Offenders sentenced to life imprisonment;

(b) Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through 99-19-87;

(d) Offenders serving a sentence for trafficking pursuant to Section 41-29-139(f).

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.