House Bill 124

AN ACT TO AMEND SECTION 47-7-33 AND 99-19-25, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CIRCUIT AND COUNTY COURTS TO REQUIRE THE PERFORMANCE OF LABOR OR INSTITUTE CORPORAL PUNISHMENT AS A SENTENCING ALTERNATIVE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-7-33, Mississippi Code of 1972, is amended as follows:

47-7-33. (1) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi, having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in termtime or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed or where the defendant has been convicted of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided or require the defendant to perform labor as determined by the court for the county where the defendant resides or was convicted as well as institute corporal punishment in connection with labor as determined by the sentencing court, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections and the court may require the defendant to perform labor as determined by the court for the county where the defendant was convicted as well as institute corporal punishment in connection with labor as determined by the sentencing court.

(2) When any circuit or county court places an offender on probation, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender on probation. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender on probation.

(3) When any circuit court or county court places a person on probation in accordance with the provisions of this section and that person is ordered to make any payments to his family, if any member of his family whom he is ordered to support is receiving public assistance through the State Department of Public Welfare, the court shall order him to make such payments to the county welfare officer of the county rendering public assistance to his family, for the sole use and benefit of said family.

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

99-19-25. 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. Such terms may include the performance of labor as determined by the court to be performed in the county where the defendant resides or was convicted as well as institute corporal punishment in connection with labor as determined by the sentencing court. Provided, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of five (5) years.

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. 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, 2003.