MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary

By: Senator(s) Simmons, Walls, Gollott, Dickerson, Johnson (38th)

AN ACT TO AMEND SECTION 75-76-311, MISSISSIPPI CODE OF 1972, TO REDUCE THE PENALTY FOR A CONVICTION OF A FIRST OFFENSE OF CHEATING AT A GAMBLING GAME WHEN THE AMOUNT UNLAWFULLY GAINED AS A RESULT OF THE OFFENSE IS LESS THAN $250.00; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 75-76-311, Mississippi Code of 1972, is amended as follows:

75-76-311. (1) Except as otherwise provided in this section, and in addition to any other penalty provided in this chapter, any person who violates any provision of Sections 75-76-301 through 75-76-313, shall be punished:

(a) For the first offense, by imprisonment in the State Penitentiary for not more than two (2) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.

(b) For a second or subsequent violation of any of these provisions, by imprisonment in the State Penitentiary for not more than ten (10) years, and may be further punished by a fine of not more than Ten Thousand Dollars ($10,000.00).

(2) Any person who violates the provisions of Section 75-76-307, where the amount unlawfully gained as a result of the offense is under Two Hundred Fifty Dollars ($250.00), shall be punished for the first offense by imprisonment in the county jail for not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.

(3) In addition to any other penalty provided in this chapter, any person who attempts, or two (2) or more persons who conspire, to violate any provision of Sections 75-76-301 through 75-76-313 each shall be punished by imposing the penalty provided in * * * this section for the completed crime, whether or not he personally played any gambling game or used any prohibited device.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.