MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary B

By: Representative Perry

AN ACT TO REQUIRE AN APPEARANCE BEFORE A JUDGE BEFORE BAIL CAN BE GRANTED FOR A PERSON CHARGED WITH A MISDEMEANOR WHICH IS AN ACT OF DOMESTIC VIOLENCE; TO AMEND SECTION 97-3-7, MISSISSIPPI CODE OF 1972, TO PROVIDE A PENALTY FOR THIRD OR SUBSEQUENT ASSAULTS WHICH RESULT FROM AN ACT OF DOMESTIC VIOLENCE; AND FOR RELATED PURPOSES. 

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

SECTION 1. In any arrest for a misdemeanor which is an act of domestic violence, as defined in Section 99-3-7, no bail shall be granted until the person arrested has appeared before a judge of the court of competent jurisdiction. The defendant shall be brought before a judge at the first reasonable opportunity, not to exceed forty-eight (48) hours from the time of the arrest. Upon setting bail in any case involving domestic violence, the judge shall give particular consideration to the exigencies of the case, including the potential for further violence, and shall impose any specific conditions as he or she may deem necessary.

SECTION 2. Section 97-3-7, Mississippi Code of 1972, is amended as follows:

97-3-7. (1) A person is guilty of simple assault if he (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (b) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (c) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Provided, however, a person convicted of simple assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver while such statewide elected official, law enforcement officer, fireman, emergency medical personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver is acting within the scope of his duty, office or employment, or (b) upon a legislator while the Legislature is in regular or extraordinary session shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.

(2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the penitentiary for not more than twenty (20) years. Provided, however, a person convicted of aggravated assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver while such statewide elected official, law enforcement officer, fireman, emergency medical personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver is acting within the scope of his duty, office or employment, or (b) upon a legislator while the Legislature is in regular or extraordinary session shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.

(3) A third or subsequent conviction of any person for violation of subsection (1) occurring within five (5) years, if the third or subsequent conviction results from an act of domestic violence as defined in Section 99-3-7(4), shall be punishable by imprisonment for not more than five (5) years and by a fine of not more than Five Thousand Dollars ($5,000.00). For the purposes of determining how to impose the sentence for a third or subsequent conviction under this subsection, the indictment shall not be required to enumerate previous convictions. It shall only be necessary that the indictment state the number of times that the defendant has been convicted and sentenced within the past five (5) years for a violation of subsection (1) to determine if an enhanced penalty shall be imposed. The amount of the fine and/or imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a third or subsequent offense of this section.

SECTION 3. This act shall take effect and be in force from and after its passage.