Senate Bill 2610

AN ACT TO AMEND SECTION 41-29-152, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ENHANCEMENT OF PENALTY FOR CERTAIN VIOLATIONS OF THE CONTROLLED SUBSTANCES ACT WHEN THE CRIME OCCURS IN A STRUCTURE WHERE ANY CHILD UNDER THE AGE OF 16 IS PRESENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-29-152, Mississippi Code of 1972, is amended as follows:

41-29-152. (1) (a) Any person who violates Section 41-29-313 or who violates Section 41-29-139 with reference to a controlled substance listed in Schedule I, II, III, IV or V as set out in Sections 41-29-113 through 41-29-121, Mississippi Code of 1972, inclusive, and has in his possession any firearm, either at the time of the commission of the offense or at the time any arrest is made, may be punished by a fine up to twice that authorized by Section 41-29-139 or 41-29-313, or by a term of imprisonment or confinement up to twice that authorized by Section 41-29-139 or 41-29-313, or both.

(b) "Firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.

(2) Any person who violates Section 41-29-313 or who violates Section 41-29-139 with reference to a controlled substance listed in Schedule I, II, III, IV or V as set out in Sections 41-29-113 through 41-29-121, Mississippi Code of 1972, inclusive, when the violation occurs within a structure where a child under the age of sixteen (16) is present, either at the time of the commission of the offense or at the time any arrest is made, may be punished by a fine up to twice that authorized by Section 41-29-139 or 41-29-313, or by a term of imprisonment or confinement up to twice that authorized by Section 41-29-139 or 41-29-313, or both.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.