MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary, Division B

By: Senator(s) Longwitz

Senate Bill 2625

AN ACT TO AMEND SECTION 99-19-18, MISSISSIPPI CODE OF 1972, TO REVISE THE SENTENCE FOR EMBEZZLEMENT OR OTHER UNLAWFUL CONVERSION OF PUBLIC FUNDS; TO CREATE NEW SECTION 25-1-111, MISSISSIPPI CODE OF 1972, TO PROHIBIT FUTURE HIRING OF CONVICTED FELONS FOR PUBLIC EMPLOYMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 99-19-18, Mississippi Code of 1972, is amended as follows:

     99–19–18.  (1)  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.

     (2)  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 under Section 99-15-26; any sentence requiring house arrest must include mandatory community service.

     SECTION 2.  The following shall be codified as Section 25-1-111, Mississippi Code of 1972:

     25-1-111.   From and after July 1, 2013, the state and any county, municipality or any other political subdivision may not hire a person who has been convicted in any court of this state, another state, or in federal court of any felony other than manslaughter, a violation of the United States Internal Revenue Code, or any violation of the tax laws of this state or another state unless the offense also involved misuse or abuse of the person's office or employment or money coming into the person's hands by virtue of the person's office or employment.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2013.