Senate Bill 2082

AN ACT TO PROVIDE THAT A DEFENDANT CONVICTED OF THREE OR MORE MISDEMEANORS WITHIN THE PAST TEN YEARS SHALL BE DEEMED A RECIDIVIST MISDEMEANANT; TO AUTHORIZE A COURT TO SENTENCE A RECIDIVIST MISDEMEANANT TO A TERM NOT TO EXCEED THREE YEARS IN THE COUNTY JAIL; TO AMEND SECTION 99-19-25, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF CIRCUIT COURTS, COUNTY COURTS AND JUSTICE COURTS FROM SUSPENDING SENTENCES OR THE EXECUTION OF SENTENCES FOR RECIDIVIST MISDEMEANANTS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) A defendant convicted of three (3) or more misdemeanors within the past ten (10) years shall be deemed a recidivist misdemeanant and shall be sentenced under subsection (3) of this section.

(2) The ten-year period in subsection (1) of this section shall be calculated starting from the offense date of a preceding misdemeanor conviction and ending on the offense date of the present offense.

(3) (a) Except as provided in subsection (3)(b), a recidivist misdemeanant defendant shall be sentenced as follows:

(i) To a term not less than six (6) months and not to exceed three (3) years in the county jail, a fine not to exceed Two Thousand Dollars ($2,000.00), or both; or

(ii) To the sentence set forth in law for the present offense.

(b) If a greater penalty for the present offense than the penalty to be imposed under subsection (3)(a) of this section is prescribed by other law, the court shall impose the greater penalty.

SECTION 2. Section 99-19-25, Mississippi Code of 1972, is amended as follows:

99-19-25. Except in sentencing a recidivist misdemeanant under Section 1 of this act, the circuit courts and the county courts, in misdemeanor cases, are hereby authorized to suspend a sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the judge of the court. Provided, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of five (5) years.

Except in sentencing a recidivist misdemeanant under Section 1 of this act, the justice courts, in misdemeanor cases, are hereby authorized to suspend sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the judge of the court. Subsequent to original sentencing, the justice courts, in misdemeanor cases, are hereby authorized to suspend sentence and to suspend execution of a sentence, or any part thereof, on such terms as may be imposed by the judge of the court, if (a) the judge or his or her predecessor was authorized to order such suspension when the sentence was originally imposed; and (b) such conviction (i) has not been appealed; or (ii) has been appealed and the appeal has been voluntarily dismissed. Provided, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years. Provided, however, the justice courts in cases arising under Sections 49-7-81, 49-7-95 and the Implied Consent Law shall not suspend any fine.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.