Senate Bill 2922

AN ACT TO AMEND SECTION 47-7-33, MISSISSIPPI CODE OF 1972, TO ENABLE CIRCUIT AND COUNTY JUDGES TO IMPOSE LONGER OR MORE RESTRICTIVE SENTENCES ON FELONS WHO ARE NOT FIRST-TIME OFFENDERS UNDER CERTAIN CIRCUMSTANCES; 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) Except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed, when it appears to the satisfaction of any circuit * * * or county court * * * having original jurisdiction over criminal actions, * * * that the ends of justice and the best interest of the public and the defendant will be served thereby, the court * * * shall have the power, in termtime or in vacation, after conviction or a plea of guilty, * * * to suspend the imposition or execution of sentence and place the defendant on probation as herein provided, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve the sentence. In placing any defendant on probation, the court * * * shall direct that the defendant be under the supervision of the Department of Corrections.

(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 the 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. This act shall take effect and be in force from and after July 1, 2004.