Senate Bill 2016

AN ACT TO CREATE NEW SECTION 9-13-125, MISSISSIPPI CODE OF 1972, TO CREATE THE MISDEMEANOR OF PRACTICING COURT REPORTING WITHOUT A LICENSE OR TEMPORARY PERMIT; TO AMEND SECTION 9-13-123, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 9-13-125, Mississippi Code of 1972:

9-13-125. Any person who engages in the practice of court reporting in this state, except as authorized in Sections 9-13-101 through 9-13-123, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00) or by imprisonment in the county jail not less than three (3) months nor more than twelve (12) months; and a person who is convicted of a second offense under this section shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the custody of the Department of Corrections not less than one (1) year nor more than two (2) years; and a person who is convicted of a third or subsequent offense shall be punished in the discretion of the court, but not to exceed the payment of a fine of Five Thousand Dollars ($5,000.00) or imprisonment for five (5) years.

SECTION 2. Section 9-13-123, Mississippi Code of 1972, is amended as follows:

9-13-123. * * * As used in Sections 9-13-101 through 9-13-121:

"Courts" shall include all courts. Nothing in this chapter shall be construed as a limitation upon the power of the Supreme Court or of the trial courts to govern the conduct of, and to discipline, official court reporters, nor shall this chapter be construed as any limitation upon the rights of any individual to seek any remedy afforded by law, nor as any exclusive mode of regulating court reporters.

"The practice of court reporting" means the making of a verbatim record by means of written symbols or abbreviations in pen shorthand, machine shorthand, or oral stenography, also known as steno mask, of testimony or proceedings relevant to matters under the jurisdiction of the courts of the State of Mississippi, all state agencies or the Legislature or any committee or subcommittee thereof, or where appeal to any court of the State of Mississippi is allowable by law.

"The making of a verbatim record" includes the taking of a deposition.

SECTION 3. This act shall take effect and be in force from and after July 1, 2011.