MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Corrections
By: Senator(s) Jackson (32nd)
AN ACT TO CREATE THE MISSISSIPPI CORRECTIONS ACCOUNTABILITY ACT; TO AMEND SECTIONS 9-23-9 AND 9-21-3, MISSISSIPPI CODE OF 1972, TO REVISE THE MINIMUM STANDARDS TO BE IMPOSED UPON THE DRUG COURTS IN ORDER TO ACHIEVE CERTIFICATION; TO AMEND SECTION 97-17-23, 97-17-25 AND 97-17-29, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR THE CRIME OF BURGLARY OF A DWELLING; TO AMEND SECTION 97-17-31, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DEFINITION OF "DWELLING" FOR THE PURPOSE OF CLARIFYING THE ELEMENTS OF THE OFFENSE OF BURGLARY; TO AMEND SECTION 97-17-33, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR THE OFFENSE OF BUSINESS BURGLARY; TO CREATE NEW SECTION 97-17-38, MISSISSIPPI CODE OF 1972, TO CREATE AN AGGRAVATING FACTOR FOR PUNISHMENT FOR BURGLARY WHEN THE OFFENDER HAS 3 PRIOR BURGLARY CONVICTIONS; TO AMEND SECTION 97-17-41, MISSISSIPPI CODE OF 1972, TO REVISE THE THRESHOLD BETWEEN GRAND AND PETIT LARCENY; TO AMEND SECTION 97-17-42, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR JOY-RIDING; TO AMEND SECTION 97-17-43, MISSISSIPPI CODE OF 1972, TO REVISE THE THRESHOLD BETWEEN GRAND AND PETIT LARCENY; TO AMEND SECTION 97-23-93, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR THE OFFENSE OF SHOPLIFTING; TO AMEND SECTION 97-17-70, MISSISSIPPI CODE OF 1972, TO REVISE THE MONETARY THRESHOLD BETWEEN THE MISDEMEANOR AND FELONY OFFENSES OF RECEIVING STOLEN PROPERTY; TO AMEND SECTION 97-19-67, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE OF WRITING A BAD CHECK; TO AMEND SECTION 97-19-39, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSE OF FORGERY; TO AMEND SECTION 97-21-33, MISSISSIPPI CODE OF 1972, TO REVISE THE PUNISHMENT FOR THE OFFENSE OF FORGERY; TO BRING FORWARD SECTION 41-29-139, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 47-7-37 AND BRING FORWARD 47-5-1003, MISSISSIPPI CODE OF 1972, TO PROVIDE PROBATION AND PAROLE OFFICERS WITH GREATER LATITUDE TO IMPOSE ADDITIONAL CONDITIONS OF SUPERVISION BEFORE RETURNING AN OFFENDER TO CUSTODY; TO AMEND SECTION 99-19-71, MISSISSIPPI CODE OF 1972, TO REVISE THE OFFENSES FOR WHICH EXPUNCTION OF RECORD CAN BE ORDERED; TO BRING FORWARD SECTION 99-19-83, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-9, Mississippi Code of 1972, is amended as follows:
9-23-9. (1) The State Drug Court Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of drug courts. The committee must provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts and shall consist of not less than seven (7) members nor more than eleven (11) members appointed by the Supreme Court and broadly representative of the courts, law enforcement, corrections, juvenile justice, child protective services and substance abuse treatment communities.
(2) The State Drug Court Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to drug court policies and procedures. The committee may make suggestions as to the criteria for eligibility, and other procedural and substantive guidelines for drug court operation.
(3) The State Drug Court Advisory Committee shall act as arbiter of disputes arising out of the operation of drug courts established under this chapter and make recommendations to improve the drug courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.
(4) The State Drug Court Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile drug court programs operating in Mississippi. These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.
(5) (a) On or before January 1, 2014, the State Drug Court Advisory Committee shall establish standards and practices for drug courts taking into consideration guidelines and principles based on current research and findings published by the National Drug Court Institute and the Substance Abuse and Mental Health Services Administration, relating to practices shown to reduce recidivism of offenders with drug abuse problems. Standards and practices shall include, but shall not be limited to, the use of a risk and needs assessment to identify the likelihood of recidivating and identify the needs that, when met, reduce recidivism. The State Drug Court Advisory Committee shall update its standards and practices to incorporate research, findings, and developments in the drug court field. Each drug court shall adopt policies and practices that are consistent with the standards and practices published by the State Drug Court Advisory Committee.
(b) From and after January 1, 2014, the Administrative Office of Courts shall provide technical assistance to drug courts to assist them with the implementation of policies and practices, including, but not limited to, guidance on the implementation of risk and needs assessments in drug court divisions.
(c) On or before July 1, 2013, the Office of Administrative Courts shall create and manage a certification and peer review process to ensure drug courts are adhering to the State Drug Court Advisory Committee's standards and practices and shall create a waiver process for drug courts to seek an exception to the State Drug Court Advisory Committee's standards and practices. In order to receive state appropriated funds, any drug court established on and after July 1, 2013, shall be certified pursuant to this paragraph or, for good cause shown to the Office of Administrative Courts, shall receive a waiver from the Office of Administrative Courts.
(d) On and after July 1, 2013, the award of any state funds for a drug court shall be conditioned upon a drug court attaining certification or a waiver by the Administrative Office of Courts. On or before September 1 of each year thereafter, the Administrative Office of Courts shall publish an annual report listing certified drug courts.
(e) The Administrative Office of Courts shall develop and manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all drug courts. The State Drug Court Advisory Committee shall identify elements necessary for performance measurement, including, but not limited to, recidivism, the number of moderate-risk and high-risk participants in a drug court division, drug testing results, drug testing failures, participant employment, the number of participants who successfully complete the program, and the number of participants who fail to complete the program.
(f) On or before July 1, 2015, and every three (3) years thereafter, the State Drug Court Advisory Committee shall conduct a performance peer review of the drug courts for the purpose of improving drug court policies and practices and the certification and recertification process.
SECTION 2. Section 9-21-3, Mississippi Code of 1972, is amended as follows:
9-21-3. (1) The Administrative Office of Courts shall be specifically charged with the duty of assisting the Chief Justice of the Supreme Court of Mississippi with his duties as the chief administrative officer of all courts of this state, including, without limitation, the task of insuring that the business of the courts of the state is attended with proper dispatch, that the dockets of such courts are not permitted to become congested and that trials and appeals of cases, civil and criminal, are not delayed unreasonably.
(2) The office shall also perform the following duties:
(a) To work with the clerks of all youth courts and civil and criminal trial courts in the state to collect, obtain, compile, digest and publish information and statistics concerning the administration of justice in the state.
(b) To serve as an agency to apply for and receive any grants or other assistance and to coordinate and conduct studies and projects to improve the administration of justice by the courts of the state, and it may conduct such studies with or without the assistance of consultants.
(c) To supply such support to the Judicial Advisory Study Committee necessary to accomplish the purposes of this chapter, including, without limitation, research and clerical assistance.
(d) To promulgate standards, rules and regulations for computer and/or electronic filing and storage of all court records and court-related records maintained throughout the state in courts and in offices of circuit and chancery clerks.
(e) It shall perform such other duties relating to the improvement of the administration of justice as may be assigned by the Supreme Court of Mississippi.
(f) To support the State Drug Court Advisory Committee to accomplish the purposes of Section 9-23-9, including, without limitation, research and clerical and technical assistance.
SECTION 3. Section 97-17-23, Mississippi Code of 1972, is amended as follows:
97-17-23. (1) Every person
who shall be convicted of breaking and entering the dwelling * * * or inner door of * * * a dwelling * * * of another, whether armed with a deadly
weapon or not, and whether there shall be at the time some human being in * * * the dwelling * * * or not, with intent to commit some crime therein,
shall be guilty of the felony of burglary and punished as follows:
(a) For a first
offense, by commitment to the custody of the Department of Corrections for
not less than * * * one (1) nor more than twenty (20) years;
(b) For a second offense, by commitment to the custody of the Department of Corrections for not less than two (2) nor more than twenty (20) years; or
(c) For a third or subsequent offense, by not less than five (5) nor more than twenty-five (25) years.
(2) Every person who shall be convicted of violating subsection (1) under circumstances likely to terrorize any person who is actually occupying the house at the time of the criminal invasion of the premises shall be punished by imprisonment in the custody of the Department of Corrections for not less than ten (10) years nor more than twenty-five (25) years.
SECTION 4. Section 97-17-25, Mississippi Code of 1972, is amended as follows:
97-17-25. Every person who,
being in the dwelling * * *
of another, shall commit a crime, and shall break any outer door, or any other
part of * * *
the dwelling, to get out of the same, shall be guilty of burglary, and
be imprisoned in the * * *
custody of the Department of Corrections not more than ten (10)
years.
SECTION 5. Section 97-17-29, Mississippi Code of 1972, is amended as follows:
97-17-29. Every person who,
being lawfully in the dwelling * * * of another, shall break an inner door of
the * * *
dwelling, with intent to commit a crime, shall be guilty of burglary,
and imprisoned in the * * *
custody of the Department of Corrections not more than ten (10) years.
SECTION 6. Section 97-17-31, Mississippi Code of 1972, is amended as follows:
97-17-31. For the purposes of Sections 97-17-23 through 97-17-33:
(a) Every
building joined to, immediately connected with, or being part of the dwelling * * *, shall be deemed the dwelling * * *.
(b) "Dwelling" means any building, structure or portion thereof which is designed or intended for occupancy for residential use.
(c) "Railroad car" also includes trailers on flatcars, containers on flatcars, trailers on railroad property or containers on railroad property.
SECTION 7. Section 97-17-33, Mississippi Code of 1972, is amended as follows:
97-17-33. (1) Every person
who shall be convicted of breaking and entering, in the day or night, any shop,
store, booth, tent, warehouse, or other building or private room or office
therein, water vessel, commercial or pleasure craft, ship, steamboat, flatboat,
railroad car, automobile, truck or trailer in which any goods, merchandise,
equipment or valuable thing shall be kept for use, sale, deposit, or
transportation, with intent to steal therein, or to commit any felony, or who
shall be convicted of breaking and entering in the day or * * * night, any building within the
curtilage of a dwelling house, not joined to, immediately connected with or
forming a part thereof, shall be guilty of burglary * * * and * * * punished as follows:
(a) For a first
offense, by imprisonment in the * * * custody of the Department of
Corrections not more than * * * five (5) years * * *;
(b) For a second offense or subsequent offense, by imprisonment in the custody of the Department of Corrections not more than eight (8) years.
(2) Any person who shall be
convicted of breaking and entering a church, synagogue, temple or other
established place of worship with intent to commit some crime therein shall
be guilty of burglary and shall be punished by imprisonment in the * * * custody of the Department of
Corrections not more than fourteen (14) years.
SECTION 8. The following shall be codified as Section 97-17-38, Mississippi Code of 1972:
97-17-38. Upon a fourth or subsequent conviction under Section 97-17-23, 97-17-25, 97-17-29, 97-17-33 or 97-17-37, for a crime of burglary, without regard to the designation thereof, adjudication of guilt or imposition of sentence shall not be suspended, deferred or withheld, and the sentence shall not be reduced or suspended nor shall the person be eligible for parole or probation.
SECTION 9. Section 97-17-41, Mississippi Code of 1972, is amended as follows:
97-17-41. (1) Every person
who shall be convicted of taking and carrying away, feloniously, the personal
property of another, of the value of * * * One Thousand
Dollars ($1,000.00) or more, shall be guilty of grand larceny, and shall be * * * punished as
follows:
(a) If the value of the property stolen was Twenty-five Thousand Dollars ($25,000.00) or more, by imprisonment in the custody of the Department of Corrections for a term not exceeding twenty (20) years.
(b) If the value of the property stolen was less than Twenty-five Thousand Dollars ($25,000.00), the offense, in the discretion of the court, may be punished as a felony or a misdemeanor; if a misdemeanor, by imprisonment for a term not to exceed six (6) months and a fine not to exceed One Thousand Dollars ($1,000,00); or if as a felony:
(i) If the
value of the property stolen was at least Five Thousand Dollars ($5,000.00) but
less than Twenty-five Thousand Dollars ($25,000.00), by imprisonment in the
custody of the Department of Corrections for a term not exceeding ten (10)
years, * * *
or a fine of not more than Ten Thousand Dollars ($10,000.00), or both * * *; or
(ii) If the
value of the property stolen was at least One Thousand Dollars ($1,000.00) but
less than Five Thousand Dollars ($5,000.00), by imprisonment in the custody of
the Department of Corrections for a term not exceeding five (5) years, or a
fine of not more than Five Thousand Dollars ($5,000.00), or both. * * *
(2) Every person who shall
be convicted of taking and carrying away, feloniously, the property of a
church, synagogue, temple or other established place of worship, of the value
of Five Hundred Dollars ($500.00) or more, shall be guilty of grand larceny,
and, if the value of the property is less than Twenty-five Thousand Dollars
($25,000.00), shall be imprisoned in the * * * custody of the Department of
Corrections for a term not exceeding ten (10) years, or shall be fined not
more than Ten Thousand Dollars ($10,000.00), or both; or, if the value of
the property stolen is Twenty-five Thousand Dollars ($25,000.00) or more, for a
term not exceeding twenty (20) years and fined not more than Ten Thousand
Dollars ($10,000.00).
(3) The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.
SECTION 10. Section 97-17-42, Mississippi Code of 1972, is amended as follows:
97-17-42. (1) Any person who shall, willfully and without authority, take possession of or take away a motor vehicle of any value belonging to another, with intent to either permanently or temporarily convert it or to permanently or temporarily deprive the owner of possession or ownership, and any person who knowingly shall aid and abet in the taking possession or taking away of the motor vehicle, shall be guilty of a felony and shall be punished by commitment to the Department of Corrections for not more than ten (10) years unless, in the discretion of the court, the offense is punished as a misdemeanor, in which case imprisonment shall not exceed six (6) months, and the fine is not to exceed One Thousand Dollars ($1,000,00).
(2) Any person convicted under this section who causes damage to any motor vehicle shall be ordered by the court to pay restitution to the owner or owners of the motor vehicle or vehicles damaged.
(3) This section shall not apply to the enforcement of a security interest in a motor vehicle.
(4) Any person who shall be
convicted for a second or subsequent offense under this section shall be
imprisoned in the * * *
custody of the Department of Corrections for a term not exceeding
fifteen (15) years or shall be fined not more than Ten Thousand Dollars
($10,000.00), or both.
SECTION 11. Section 97-17-43, Mississippi Code of 1972, is amended as follows:
97-17-43. (1) If any
person shall feloniously take, steal and carry away any personal property of
another under the value of * * * One Thousand
Dollars ($1,000.00), he shall be guilty of petit larceny and, upon
conviction, shall be punished by imprisonment in the county jail not exceeding
six (6) months or by fine not exceeding One Thousand Dollars ($1,000.00), or
both. The total value of property taken, stolen or carried away by the person
from a single victim shall be aggregated in determining the gravity of the
offense.
(2) If any person shall feloniously take, steal and carry away any property of a church, synagogue, temple or other established place of worship under the value of Five Hundred Dollars ($500.00), he shall be guilty of petit larceny and, upon conviction, shall be punished by imprisonment in the county jail not exceeding one (1) year or by fine not exceeding Two Thousand Dollars ($2,000.00), or both.
(3) Any person who leaves the premises of an establishment at which motor fuel offered for retail sale was dispensed into the fuel tank of a motor vehicle by driving away in that motor vehicle without having made due payment or authorized charge for the motor fuel so dispensed, with intent to defraud the retail establishment, shall be guilty of petit larceny and punished as provided in subsection (1) of this section and, upon any second or subsequent such offense, the driver's license of the person shall be suspended as follows:
(a) The person shall submit the driver's license to the court upon conviction and the court shall forward the driver's license to the Department of Public Safety.
(b) The first suspension of a driver's license under this subsection shall be for a period of six (6) months.
(c) A second or subsequent suspension of a driver's license under this subsection shall be for a period of one (1) year.
(d) At the expiration of the suspension period, and upon payment of a restoration fee of Twenty-five Dollars ($25.00), the suspension shall terminate and the Department of Public Safety shall return the person's driver's license to the person. The restoration fee shall be in addition to the fees provided for in Title 63, Chapter 1, and shall be deposited into the State General Fund in accordance with Section 45-1-23.
SECTION 12. Section 97-23-93, Mississippi Code of 1972, is amended as follows:
97-23-93. (1) Any person who shall willfully and unlawfully take possession of any merchandise owned or held by and offered or displayed for sale by any merchant, store or other mercantile establishment with the intention and purpose of converting such merchandise to his own use without paying the merchant's stated price therefor shall be guilty of the crime of shoplifting and, upon conviction, shall be punished as is provided in this section.
(2) The requisite intention to convert merchandise without paying the merchant's stated price for the merchandise is presumed, and shall be prima facie evidence thereof, when such person, alone or in concert with another person, willfully:
(a) Conceals the unpurchased merchandise;
(b) Removes or causes the removal of unpurchased merchandise from a store or other mercantile establishment;
(c) Alters, transfers or removes any price-marking, any other marking which aids in determining value affixed to the unpurchased merchandise, or any tag or device used in electronic surveillance of unpurchased merchandise;
(d) Transfers the unpurchased merchandise from one container to another; or
(e) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the unpurchased merchandise.
(3) Evidence of stated price or ownership of merchandise may include, but is not limited to:
(a) The actual merchandise or the container which held the merchandise alleged to have been shoplifted; or
(b) The content of the price tag or marking from such merchandise; or
(c) Properly identified photographs of such merchandise.
(4) Any merchant or his agent or employee may testify at a trial as to the stated price or ownership of merchandise.
(5) A person convicted of
shoplifting merchandise for which the merchant's stated price is less than or
equal to * * * One Thousand Dollars ($1,000.00) shall be
punished as follows:
(a) Upon a first shoplifting conviction the defendant shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), or punished by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.
(b) Upon a second shoplifting conviction the defendant shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00), punished by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.
(6) Upon a third or subsequent shoplifting conviction the defendant shall be guilty of a felony and fined not more than Five Thousand Dollars ($5,000.00), or imprisoned for a term not exceeding five (5) years, or by both such fine and imprisonment.
(7) A person convicted of
shoplifting merchandise for which the merchant's stated price exceeds * * * One Thousand
Dollars ($1,000.00) shall be guilty of a felony and, upon conviction,
punished as provided in Section 97-17-41 for the offense of grand larceny.
(8) In determining the number of prior shoplifting convictions for purposes of imposing punishment under this section, the court shall disregard all such convictions occurring more than seven (7) years prior to the shoplifting offense in question.
(9) For the purpose of determining the gravity of the offense under subsection (7) of this section, the prosecutor may aggregate the value of merchandise shoplifted from three (3) or more separate mercantile establishments within the same legal jurisdiction over a period of thirty (30) or fewer days.
SECTION 13. Section 97-17-70, Mississippi Code of 1972, is amended as follows:
97-17-70. (1) A person commits the crime of receiving stolen property if he intentionally possesses, receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed, received, retained or disposed of with intent to restore it to the owner.
(2) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.
(3) (a) Evidence that the person charged under this section stole the property that is the subject of the charge of receiving stolen property is not a defense to a charge under this section; however, dual charges of both stealing and receiving the same property shall not be brought against a single defendant in a single jurisdiction.
(b) Proof that a defendant stole the property that is the subject of a charge under this section shall be prima facie evidence that the defendant had knowledge that the property was stolen.
(4) Any person who shall be
convicted of receiving stolen property which exceeds * * * One Thousand
Five Hundred Dollars ($1,500.00) in value shall be committed to the custody
of the State Department of Corrections for a term not exceeding ten (10) years
or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(5) Any person who shall be
convicted of receiving stolen property which does not exceed * * * One Thousand
Five Hundred Dollars ($1,500.00) in value shall be punished by imprisonment
for not more than six (6) months or by a fine of not more than One Thousand
Dollars ($1,000.00), or both.
SECTION 14. Section 97-19-67, Mississippi Code of 1972, is amended as follows:
97-19-67. (1) Except as may be otherwise provided by subsection (2) of this section, any person violating Section 97-19-55, upon conviction, shall be punished as follows:
(a) For the first or
second offense of violating * * * Section 97-19-55, where the check,
draft or order involved * * *be is less than * * * One Thousand Five
Hundred Dollars ($1,500.00), the person committing * * * the offense shall be guilty of a
misdemeanor and, upon conviction, shall be punished as follows:
(i) For a first
offense, by a fine of not less than Twenty-five Dollars ($25.00), nor more
than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for
a term of not less than five (5) days nor more than six (6) months, or by both
such fine and imprisonment, in the discretion of the court * * *.
( * * *ii) * * * For a second offense * * *, by a fine of not less than Fifty Dollars ($50.00)
nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the
county jail for a term of not less than thirty (30) days nor more than one (1)
year, or by both such fine and imprisonment, in the discretion of the court * * *.
(b) For the first or second offense of violating Section 97-19-55, where the check, draft or order involved shall be One Thousand Five Hundred Dollars ($1,500.00) or more, the person committing the offense shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not more than three (3) years, or by both such fine and imprisonment, in the discretion of the court.
(c) Upon commission of
a third or any subsequent offense of violating * * * Section 97-19-55, regardless of the
amount of the check, draft or order involved, and regardless of the amount of
the checks, drafts or orders involved in the prior convictions, the person
committing * * *
the offense shall be guilty of a felony and, upon conviction, shall be
punished by imprisonment in the * * * custody of the Department
of Corrections for a term of not less than one (1) nor more than five (5)
years.
* * *.
(2) Where the conviction
was based on a worthless check, draft or order given for the purpose of
satisfying a preexisting debt or making a payment or payments on a past-due
account or accounts, no imprisonment shall be ordered as punishment, but the court
may order the convicted person to pay a fine of up to the applicable amounts
prescribed in * * *
subsection (1) * * * of this section.
(3) In addition to or in lieu of any penalty imposed under the provisions of subsection (1) or subsection (2) of this section, the court may, in its discretion, order any person convicted of violating Section 97-19-55 to make restitution in accordance with the provisions of Sections 99-37-1 through 99-37-23 to the holder of any check, draft or order for which payment has been refused.
(4) Upon conviction of any person for a violation of Section 97-19-55, when the prosecution of such person was commenced by the filing of a complaint with the court by the district attorney under the provisions of Section 97-19-79, the court shall, in addition to any other fine, fee, cost or penalty which may be imposed under this section or as otherwise provided by law, and in addition to any order as the court may enter under subsection (3) of this section requiring the offender to pay restitution under Sections 99-37-1 through 99-37-23, impose a fee in the amount up to eighty-five percent (85%) of the face amount of the check, draft or order for which the offender was convicted of drawing, making, issuing, uttering or delivering in violation of Section 97-19-55.
(5) It shall be the duty of the clerk or judicial officer of the court collecting the fees imposed under subsection (4) of this section to monthly deposit all such fees so collected with the State Treasurer, either directly or by other appropriate procedures, for deposit in the special fund of the State Treasury created under Section 99-19-32, known as the "Criminal Justice Fund."
(6) After the accused has complied with all terms of the statute and the complainant or victim has been paid, the district attorney's check unit may dispose of the accused's file after one (1) year has expired after the last audit.
SECTION 15. Section 97-19-39, Mississippi Code of 1972, is amended as follows:
97-19-39. (1) Every person
who, with intent to cheat or defraud another, shall designedly, by color of any
false token or writing, or by another false pretense, obtain the signature of
any person to any written instrument, or obtain from any person any money,
personal property, or valuable thing, with a value of less than * * * One Thousand
Five Hundred Dollars ($1,500.00), upon conviction thereof, shall be guilty
of a misdemeanor and punished by imprisonment in the county jail not exceeding
six (6) months, and by fine not exceeding One Thousand Dollars ($1,000.00).
(2) Every person, who with
intent to cheat or defraud another, shall designedly, by color of any false
token or writing, or by another false pretense, obtain the signature of any
person to any written instrument, or obtain from any person any money, personal
property, or valuable thing, with a value of * * * One Thousand
Five Hundred Dollars ($1,500.00) or more, upon conviction thereof shall be
guilty of a felony and punished by imprisonment in the State Penitentiary not
exceeding ten (10) years, and by a fine not exceeding Ten Thousand Dollars
($10,000.00).
SECTION 16. Section 97-21-33, Mississippi Code of 1972, is amended as follows:
97-21-33. Persons convicted
of forgery shall be punished by imprisonment in the * * * custody of the Department of
Corrections for a term of not less than two (2) years nor more than ten
(10) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or
both; * * *
however, * * *
when the amount of value involved is less than * * * One Thousand
Five Hundred Dollars ($1,500.00) * * *,
the person convicted may be punished by imprisonment in the county jail for a
term of not more than six (6) months, or by a fine of not more than One
Thousand Dollars ($1,000.00), or both, within the discretion of the court.
SECTION 17. Section 41-29-139, Mississippi Code of 1972, is brought forward as follows:
41-29-139. (a) Except as authorized by this article, it is unlawful for any person knowingly or intentionally:
(1) To sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance; or
(2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance.
(b) Except as otherwise provided in subsections (f) and (g) of this section or in Section 41-29-142, any person who violates subsection (a) of this section shall be sentenced as follows:
(1) In the case of controlled substances classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, except thirty (30) grams or less of marihuana or synthetic cannabinoids, and except a first offender as defined in Section 41-29-149(e) who violates subsection (a) of this section with respect to less than one (1) kilogram but more than thirty (30) grams of marihuana or synthetic cannabinoids, such person may, upon conviction, be imprisoned for not more than thirty (30) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00), or both;
(2) In the case of a first offender who violates subsection (a) of this section with an amount less than one (1) kilogram but more than thirty (30) grams of marihuana or synthetic cannabinoids as classified in Schedule I, as set out in Section 41-29-113, such person is guilty of a felony and, upon conviction, may be imprisoned for not more than twenty (20) years or fined not more than Thirty Thousand Dollars ($30,000.00), or both;
(3) In the case of thirty (30) grams or less of marihuana or synthetic cannabinoids, such person may, upon conviction, be imprisoned for not more than three (3) years or fined not more than Three Thousand Dollars ($3,000.00), or both;
(4) In the case of controlled substances classified in Schedules III and IV, as set out in Sections 41-29-117 and 41-29-119, such person may, upon conviction, be imprisoned for not more than twenty (20) years and shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; and
(5) In the case of controlled substances classified in Schedule V, as set out in Section 41-29-121, such person may, upon conviction, be imprisoned for not more than ten (10) years and shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Fifty Thousand Dollars ($50,000.00), or both.
(c) It is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article. The penalties for any violation of this subsection (c) with respect to a controlled substance classified in Schedules I, II, III, IV or V, as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marihuana or synthetic cannabinoids, shall be based on dosage unit as defined herein or the weight of the controlled substance as set forth herein as appropriate:
"Dosage unit (d.u.)" means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. In the case of lysergic acid diethylamide (LSD) the term, "dosage unit" means a stamp, square, dot, microdot, tablet or capsule of a controlled substance.
For any controlled substance that does not fall within the definition of the term "dosage unit," the penalties shall be based upon the weight of the controlled substance.
The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance.
If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment.
Any person who violates this subsection with respect to:
(1) A controlled substance classified in Schedule I or II, except marihuana or synthetic cannabinoids, in the following amounts shall be charged and sentenced as follows:
(A) Less than one-tenth (0.1) gram or one (1) dosage unit or less may be charged as a misdemeanor or felony. If charged by indictment as a felony: by imprisonment not less than one (1) nor more than four (4) years and a fine of not more than Ten Thousand Dollars ($10,000.00). If charged as a misdemeanor: by imprisonment for up to one (1) year and a fine of not more than One Thousand Dollars ($1,000.00).
(B) One-tenth (0.1) gram but less than two (2) grams or two (2) dosage units but less than ten (10) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($50,000.00).
(C) Two (2) grams but less than ten (10) grams or ten (10) dosage units but less than twenty (20) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00).
(D) Ten (10) grams but less than thirty (30) grams or twenty (20) dosage units but not more than forty (40) dosage units, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($500,000.00).
(E) Thirty (30) grams or more or forty (40) dosage units or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($1,000,000.00).
(2) Marihuana or synthetic cannabinoids in the following amounts shall be charged and sentenced as follows:
(A) Thirty (30) grams or less by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00). The provisions of this paragraph shall be enforceable by summons, provided the offender provides proof of identity satisfactory to the arresting officer and gives written promise to appear in court satisfactory to the arresting officer, as directed by the summons. A second conviction under this section within two (2) years shall be punished by a fine of Two Hundred Fifty Dollars ($250.00) and not less than five (5) days nor more than sixty (60) days in the county jail and mandatory participation in a drug education program, approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that such drug education program is inappropriate. A third or subsequent conviction under this section within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) and confinement for not less than five (5) days nor more than six (6) months in the county jail. Upon a first or second conviction under this section, the courts shall forward a report of such conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this section and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;
(B) Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marihuana or synthetic cannabinoids is guilty of a misdemeanor and, upon conviction, may be fined not more than One Thousand Dollars ($1,000.00) and confined for not more than ninety (90) days in the county jail. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers;
(C) More than thirty (30) grams but less than two hundred fifty (250) grams may be fined not more than One Thousand Dollars ($1,000.00), or confined in the county jail for not more than one (1) year, or both; or fined not more than Three Thousand Dollars ($3,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or both;
(D) Two hundred fifty (250) grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years and by a fine of not more than Fifty Thousand Dollars ($50,000.00);
(E) Five hundred (500) grams but less than one (1) kilogram, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of less than Two Hundred Fifty Thousand Dollars ($250,000.00);
(F) One (1) kilogram but less than five (5) kilograms, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($500,000.00);
(G) Five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($1,000,000.00).
(3) A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows:
(A) Less than fifty (50) grams or less than one hundred (100) dosage units is a misdemeanor and punishable by not more than one (1) year and a fine of not more than One Thousand Dollars ($1,000.00).
(B) Fifty (50) grams but less than one hundred fifty (150) grams or one hundred (100) dosage units but less than five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years and a fine of not more than Ten Thousand Dollars ($10,000.00).
(C) One hundred fifty (150) grams but less than three hundred (300) grams or five hundred (500) dosage units but less than one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($50,000.00).
(D) Three hundred (300) grams but less than five hundred (500) grams or one thousand (1,000) dosage units but less than two thousand five hundred (2,500) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00).
(E) Five hundred (500) grams or more or two thousand five hundred (2,500) dosage units or more, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($500,000.00).
(d) (1) It is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both; however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of one (1) ounce or less of marihuana or synthetic cannabinoids under subsection (c)(2)(A) of this section.
(2) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(3) Any person eighteen (18) years of age or over who violates subsection (d)(2) of this section by delivering or selling paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or both.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(e) It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any amphetamine or amphetamine-like anorectics and/or central nervous system stimulants classified in Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control or weight loss. Any person who violates this subsection, upon conviction, is guilty of a misdemeanor and may be confined for a period not to exceed six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.
(f) Except as otherwise authorized in this article, any person twenty-one (21) years of age or older who knowingly sells, barters, transfers, manufactures, distributes or dispenses during any twelve (12) consecutive month period: (i) ten (10) pounds or more of marihuana or synthetic cannabinoids; (ii) two (2) ounces or more of heroin; (iii) two (2) or more ounces of cocaine or of any mixture containing cocaine as described in Section 41-29-105(s), Mississippi Code of 1972; (iv) two (2) or more ounces of methamphetamine; or (v) one hundred (100) or more dosage units of morphine, Demerol, Dilaudid, oxycodone hydrochloride or a derivative thereof, or 3,4-methylenedioxymethamphetamine (MDMA) shall be guilty of a felony and, upon conviction thereof, shall be sentenced to life imprisonment and such sentence shall not be reduced or suspended nor shall such person be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding. The provisions of this subsection shall not apply to any person who furnishes information and assistance to the bureau or its designee which, in the opinion of the trial judge objectively should or would have aided in the arrest or prosecution of others who violate this subsection. The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished.
(g) (1) Any person trafficking in controlled substances shall be guilty of a felony and, upon conviction, shall be imprisoned for a term of thirty (30) years and such sentence shall not be reduced or suspended nor shall such person be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00).
(2) "Trafficking in controlled substances" as used herein means to engage in three (3) or more component offenses within any twelve (12) consecutive month period where at least two (2) of the component offenses occurred in different counties. A component offense is any act which would constitute a violation of subsection (a) of this section. Prior convictions shall not be used as component offenses to establish the charge of trafficking in controlled substances.
(3) The charge of trafficking in controlled substances shall be set forth in one (1) count of an indictment with each of the component offenses alleged therein and it may be charged and tried in any county where a component offense occurred. An indictment for trafficking in controlled substances may also be returned by the State Grand Jury of Mississippi provided at least two (2) of the component offenses occurred in different circuit court districts.
SECTION 18. Section 47-7-37, Mississippi Code of 1972, is amended as follows:
47-7-37. (1) The
period of probation shall be fixed by the court, and may at any time be * * * terminated by the court, or judge
in vacation. The period of probation shall not be extended or revoked
except upon the recommendation of the probation and parole officer. Such
period with any extension thereof shall not exceed five (5) years, except that
in cases of desertion and/or failure to support minor children, the period of
probation may be fixed and/or extended by the court for so long as the duty to
support such minor children exists.
* * * (2)
Upon the recommendation of the probation and parole officer, the court, or
judge in vacation, may issue a warrant for violating any of the conditions of
probation or suspension of sentence and cause the probationer to be arrested.
Any probation and parole officer may arrest a probationer without a warrant, or
may deputize any other officer with power of arrest to do so by giving him a
written statement setting forth that the probationer has, in the judgment of
the probation and parole officer, violated the conditions of probation. Such
written statement delivered with the probationer by the arresting officer to
the official in charge of a county jail or other place of detention shall be
sufficient warrant for the detention of the probationer.
(3) If a probationer or offender is subject to registration as a sex offender, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. In determining the danger posed by the release of the offender or probationer, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender or probationer's past and present conduct, including convictions of crimes and any record of arrests without conviction for crimes involving violence or sex crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender or probationer's family ties, length of residence in the community, employment history and mental condition; the offender or probationer's history and conduct during the probation or other supervised release and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant.
(4) The probation and parole officer after making an arrest shall present to the detaining authorities a similar statement of the circumstances of violation.
(a) When the
probation and parole officer * * * will recommend to the court
that the period of probation be extended or revoked, the officer shall
notify the court of the arrest and detention of the probationer and shall
submit a report in writing showing in what manner the probationer has violated
the conditions of probation.
(b) Thereupon,
or upon an arrest by warrant as herein provided, the court, in termtime or
vacation, shall cause the probationer to be brought before it * * *. The court may * * *,
consistent with the recommendation of the probation and parole officer:
(i) Extend or
revoke the probation or the suspension of sentence * * *;
(ii) Cause the sentence imposed to be executed; or
(iii) * * * Impose any part of the sentence which
might have been imposed at the time of conviction.
(5) If the
probationer is arrested in a circuit court district in the State of Mississippi
other than that in which he was convicted, the probation and parole officer,
upon the written request of the sentencing judge, * * * may furnish to the circuit court
or the county court of the county in which the arrest is made, or to the judge
of such court, a report concerning the probationer * * *. Such court or the judge in
vacation * * * may, upon the recommendation of the probation
and parole officer and after a hearing, * * * continue or revoke all or any part of
probation or all or any part of the suspension of sentence, and may in case of
revocation proceed to deal with the case as if there had been no probation. In
such case, the clerk of the court in which the order of revocation is issued
shall forward a transcript of such order to the clerk of the court of original
jurisdiction, and the clerk of that court shall proceed as if the order of
revocation had been issued by the court of original jurisdiction. Upon the
revocation of probation or suspension of sentence of any offender, such
offender shall be placed in the legal custody of the State Department of
Corrections and shall be subject to the requirements thereof.
(6) Any probationer who removes himself from the State of Mississippi without permission of the court placing him on probation, or the court to which jurisdiction has been transferred, shall be deemed and considered a fugitive from justice and shall be subject to extradition as now provided by law. No part of the time that one is on probation shall be considered as any part of the time that he shall be sentenced to serve.
(7) The arresting officer, except when a probation and parole officer, shall be allowed the same fees as now provided by law for arrest on warrant, and such fees shall be taxed against the probationer and paid as now provided by law.
(8) The arrest, revocation and recommitment procedures of this section also apply to persons who are serving a period of post-release supervision imposed by the court.
SECTION 19. Section 47-5-1003, Mississippi Code of 1972, is brought forward as follows:
47-5-1003. (1) An intensive supervision program may be used as an alternative to incarceration for offenders who are low risk and nonviolent as selected by the department or court and for juvenile offenders as provided in Section 43-21-605. Any offender convicted of a sex crime shall not be placed in the program.
(2) The court or the department may place the defendant on intensive supervision, except when a death sentence or life imprisonment is the maximum penalty which may be imposed or if the defendant has been convicted of a felony committed after having been confined for the conviction of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof or has been convicted of a felony involving the use of a deadly weapon.
(3) To protect and to ensure the safety of the state's citizens, any offender who violates an order or condition of the intensive supervision program may be arrested by the correctional field officer and placed in the actual custody of the Department of Corrections. Such offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification hearing officer.
(4) When any circuit or county court places an offender in an intensive supervision program, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender in an intensive supervision program. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender in an intensive supervision program.
The courts may not require an offender to participate in the intensive supervision program during a term of probation or post-release supervision.
(5) The Department of Corrections shall submit a report to the chairperson of the House Corrections Committee and the chairperson of the Senate Corrections Committee on the effectiveness of the intensive supervision program before January 1, 2010.
SECTION 20. Section 99-19-71, Mississippi Code of 1972, is amended as follows:
99-19-71. (1) Any person who has been convicted of a misdemeanor, excluding a conviction for a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records.
(2) (a) Any person who has been convicted of one (1) of the following felonies may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction: a bad check offense under Section 97-19-55; possession of a controlled substance or paraphernalia under Section 41-29-139(c) or (d); false pretense under Section 97-19-39; larceny under Section 97-17-41; receiving stolen property under Section 97-17-70; malicious mischief under Section 97-17-67; or shoplifting under Section 97-23-93. A person is eligible for only one (1) felony expunction under this section.
(b) The petitioner shall give ten (10) days' written notice to the district attorney before any hearing on the petition. In all cases, the court wherein the petition is filed may grant the petition if the court determines, on the record or in writing, that the applicant is rehabilitated from the offense which is the subject of the petition. In those cases where the court denies the petition, the findings of the court in this respect shall be identified specifically and not generally.
(3) Upon entering an order of expunction under this section, a nonpublic record thereof shall be retained by the Mississippi Criminal Information Center solely for the purpose of determining whether, in subsequent proceedings, the person is a first offender. The order of expunction shall not preclude a district attorney's office from retaining a nonpublic record thereof for law enforcement purposes only. The existence of an order of expunction shall not preclude an employer from asking a prospective employee if the employee has had an order of expunction entered on his behalf. The effect of the expunction order shall be to restore the person, in the contemplation of the law, to the status he occupied before any arrest or indictment for which convicted. No person as to whom an expunction order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest, indictment or conviction in response to any inquiry made of him for any purpose other than the purpose of determining, in any subsequent proceedings under this section, whether the person is a first offender. A person as to whom an order has been entered, upon request, shall be required to advise the court, in camera, of the previous conviction and expunction in any legal proceeding wherein the person has been called as a prospective juror. The court shall thereafter and before the selection of the jury advise the attorneys representing the parties of the previous conviction and expunction.
(4) Upon petition therefor, a justice, county, circuit or municipal court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
SECTION 21. Section 99-19-83, Mississippi Code of 1972, is brought forward as follows:
99-19-83. Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to and served separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, and where any one (1) of such felonies shall have been a crime of violence shall be sentenced to life imprisonment, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.
SECTION 22. This act shall take effect and be in force from and after July 1, 2013.