House Bill 762

AN ACT TO AMEND SECTIONS 97-37-21 AND 97-37-25, MISSISSIPPI CODE OF 1972, TO INCLUDE HOAX BOMBS IN THE LAW REGARDING THE REPORTING AND PLACING OF BOMBS AND EXPLOSIVES; TO DEFINE "HOAX BOMB"; TO AUTHORIZE RESTITUTION TO BE REQUIRED OF VIOLATORS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-37-21, Mississippi Code of 1972, is amended as follows:

97-37-21. It shall be unlawful for any person to report to another by any means, including telephone, mail, e-mail, mobile phone, fax or any means of communication, that a bomb or other explosive or chemical, biological or other weapons of mass destruction, including any hoax bomb, has been, or is to be, placed or secreted in any public or private place, knowing that such report is false. Any person who shall be convicted of a violation of this section shall be fined not more than Ten Thousand Dollars ($10,000.00) or shall be committed to the custody of the Department of Corrections for not more than ten (10) years, or both.

SECTION 2. Section 97-37-25, Mississippi Code of 1972, is amended as follows:

97-37-25. It shall be unlawful for any person at any time to bomb, or to plant or place any bomb, or other explosive matter or chemical, biological or other weapons of mass destruction or thing or hoax bomb, in, upon or near any building, residence, ship, vessel, boat, railroad station, railroad car or coach, bus station, or depot, bus, truck, aircraft, or other vehicle, gas and oil stations and pipelines, radio station or radio equipment or other means of communication, warehouse or any electric plant or water plant, telephone exchange or any of the lines belonging thereto, wherein a person or persons are located or being transported, or where there is being manufactured, stored, assembled or shipped or in the preparation of shipment any goods, wares, merchandise or anything of value, with the felonious intent to hurt or harm any person or property, and upon conviction thereof shall be imprisoned for life in the State Penitentiary if the penalty is so fixed by the jury; and in cases where the jury fails to fix the penalty at imprisonment for life in the State Penitentiary the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine, but not to be less than five (5) years.

SECTION 3. (1) For the purpose of Sections 97-37-21, 97-37-25 and this section "hoax bomb" means any device or object that by its design, construction, content or characteristics appears to be, or to contain, or is represented to be or to contain, a destructive device or explosive, but is, in fact, an inoperative facsimile or imitation of such a destructive device or explosive, or contains no destructive device or explosive as was represented.

(2) This act does not apply to any law enforcement officer, firefighter, person or member of the Armed Forces of the United States while engaged in training or other lawful activity within the scope of his or her employment, or to any person properly authorized to test a security system, or to any security personnel, while operating within the scope of their employment, including, but not limited to, security personnel in airports and other controlled access areas.

(3) In addition to any other penalty provided by law with respect to any person who is convicted of a violation of this act that resulted in the mobilization or action of any law enforcement officer or any state or local agency, a person convicted of a violation of this section may be required by the court to pay restitution for all of the costs and damages arising from the criminal conduct.

SECTION 4. This act shall take effect and be in force from and after July 1, 2006.