Adopted

AMENDMENT NO 2 PROPOSED TO

House Bill No.  807

BY: Senator(s) Tollison

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

     SECTION 1.  Whoever, under color of any law, statute, ordinance, regulation or custom, willfully subjects any person to the deprivation of any rights, privileges or immunities secured or protected by the Constitution or laws of the State of Mississippi or Constitution or laws of the United States, or to different punishments, pains or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for punishment of citizens, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than one (1) year, or both.

     If bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use or threatened use of a dangerous weapon, explosives, or fire, then in such case the penalty shall be confinement in the custody of the Department of Corrections for a term not more than ten (10) years and a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

     If death results from the acts committed in violation of this section or if such acts include kidnapping, an attempt to kidnap, sexual battery, rape, an attempt to commit sexual battery, an attempt to commit rape or an attempt to kill, then the penalty shall be imprisonment for life in the custody of the Department of Corrections without parole.

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

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     AN ACT TO CREATE THE CRIME OF DEPRIVATION OF RIGHTS UNDER COLOR OF LAW AND TO PROVIDE PENALTIES FOR COMMITTING SUCH CRIME; AND FOR RELATED PURPOSES.