MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary B
By: Representative Baker
AN ACT TO AMEND SECTIONS 97-11-25 AND 99-19-18, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PUBLIC OFFICIALS WHO ARE FOUND GUILTY OF EMBEZZLEMENT SHALL NOT BE ELIGIBLE FOR NONADJUDICATION OR OTHER SENTENCE REDUCTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-11-25, Mississippi Code of 1972, is amended as follows:
97-11-25. If any state officer or any county officer, or an officer in any district or subdivision of a county, or an officer of any city, town or village, or a notary public, or any other person holding any public office or employment, or any executor, administrator or guardian, or any trustee of an express trust, any master or commissioner or receiver, or any attorney at law or solicitor, or any bank or collecting agent, or other person engaged in like public employment, or any other person undertaking to act for others and intrusted by them with business of any kind, or with money, shall unlawfully convert to his own use any money or other valuable thing which comes to his hands or possession by virtue of his office or employment, or shall not, when lawfully required to turn over such money or deliver such thing, immediately do so according to his legal obligation, he shall, on conviction, be committed to the Department of Corrections for not more than twenty (20) years, or be fined not more than Five Thousand Dollars ($5,000.00). Any person convicted under this section where the amount of the violation is Five Hundred Dollars ($500.00) or more shall not be eligible for sentence reduction, sentence suspension or nonadjudication of such sentence. Any sentence requiring house arrest shall include mandatory public service.
SECTION 2. Section 99-19-18, Mississippi Code of 1972, is amended as follows:
99–19–18. When any person is convicted of a felony or felonies in which public funds in the amount of Ten Thousand Dollars ($10,000.00) or more were unlawfully taken, obtained or misappropriated, the sentence imposed by the court shall include a minimum term of imprisonment of one (1) year in the custody of the Department of Corrections. Notwithstanding any other law to the contrary, such mandatory minimum term shall not be reduced or suspended nor shall such person be eligible for probation or parole before the expiration of one (1) year of incarceration.
When any person is convicted of a felony or felonies in which public funds were unlawfully taken, obtained or misappropriated, regardless of amount, the sentence imposed by the court shall not be reduced or suspended nor shall such person be eligible for nonadjudication. Any sentence requiring house arrest must include mandatory public service.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.