MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Judiciary, Division B

By: Senator(s) Lee (35th), White, Ross, Jackson (15th), Davis, Hewes, Moffatt, Carmichael, Chassaniol, Flowers, Chaney, Clarke, Pickering, Michel, Kirby, Morgan, Burton, Albritton, Fillingane, Brown, Doxey, Gollott, Robertson, Nunnelee, Little, Bryan, Dearing, Thames, Tollison, Walley, Mettetal, King

Senate Bill 2459

(As Sent to Governor)

AN ACT TO AMEND SECTION 97-37-37, MISSISSIPPI CODE OF 1972, TO REVISE THE ADDITIONAL TERM OF IMPRISONMENT FOR USE OF A FIREARM DURING COMMISSION OF ANOTHER FELONY BY A CONVICTED FELON; AND FOR RELATED PURPOSES.

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

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

     97-37-37.  (1)  Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any person who uses or displays a firearm during the commission of any felony shall, in addition to the punishment provided for such felony, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections of five (5) years, which sentence shall not be reduced or suspended.

     (2)  Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any convicted felon who uses or displays a firearm during the commission of any felony shall, in addition to the punishment provided for such felony, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections of ten (10) years, to run consecutively, not concurrently, which sentence shall not be reduced or suspended.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.