House Bill 85

AN ACT TO AMEND SECTION 99-15-123, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE KEEPING OF NONPUBLIC RECORDS IN PRETRIAL INTERVENTION PROGRAMS FOR DETERMINING WHETHER A PERSON IS A FIRST OFFENDER IN SUBSEQUENT PROCEEDINGS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-15-123, Mississippi Code of 1972, is amended as follows:

99-15-123. (1) In the event an offender successfully completes a pretrial intervention program, the district attorney, with the approval of a circuit court judge of his district, may make a noncriminal disposition of the charge or charges pending against the offender. In such event the record shall be expunged; however, a nonpublic record thereof shall be retained safely for the purpose of use in determining whether in subsequent proceedings, such a person is a first offender.

(2) In the event the offender violates the conditions of the program agreement: (a) the district attorney may terminate the offender's participation in the program, (b) the waiver executed pursuant to Section 99-15-115 shall be void on the date the offender is removed from the program for the violation, and (c) the prosecution of pending criminal charges against the offender shall be resumed by the district attorney.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.