MISSISSIPPI LEGISLATURE

2003 Regular Session

To: Judiciary B

By: Representative Whittington, Watson, Barnett (116th), Brown, Eads, Fredericks, Mayo, McBride

House Bill 979

AN ACT TO AMEND SECTION 93-21-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO KNOWINGLY VIOLATES A DOMESTIC ABUSE PROTECTIVE ORDER ISSUED BY A MISSISSIPPI COURT OR FOREIGN COURT OF COMPETENT JURISDICTION IS GUILTY OF A MISDEMEANOR; TO AUTHORIZE A LAW ENFORCEMENT OFFICER TO ARREST SUCH PERSON WITH OR WITHOUT AN ARREST WARRANT; TO DELETE THE PENALTY FOR A PERSON WHO VIOLATES A COURT APPROVED CONSENT AGREEMENT REGARDING DOMESTIC ABUSE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 93-21-21, Mississippi Code of 1972, is amended as follows:

     93-21-21.  Upon a knowing violation of a protective order issued after a hearing or an ex parte protective order, either of which was issued for the purpose of protecting the victim from abuse as defined by Section 93-21-3(a), whether the order was issued by a Mississippi court or a foreign court of competent jurisdiction, the defendant is guilty of a misdemeanor, and upon conviction, the court may * * * punish the defendant by imprisonment in the county jail for not more than six (6) months or a fine of not more than One Thousand Dollars ($1,000.00), or both.  Any law enforcement officer has the authority to make an arrest for such violation, either with a warrant or without a warrant pursuant to Section 99-3-7.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2003.