MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary B

By: Representatives Formby, Chism, Crawford, Guice, Moore, Byrd, Ladner

House Bill 61

AN ACT TO AMEND SECTIONS 97-1-5, 97-17-23 AND 97-17-33, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT BURGLARY SHALL BE A VIOLENT CRIME; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-1-5, Mississippi Code of 1972, is amended as follows:

     97-1-5.  (1)  Every person who shall be convicted of having concealed, received, or relieved any felon, or having aided or assisted any felon, knowing that the person had committed a felony, with intent to enable the felon to escape or to avoid arrest, trial, conviction or punishment after the commission of the felony, on conviction thereof shall be imprisoned in the custody of the Department of Corrections as follows:

          (a)  If the felony was a violent crime:

              (i)  If the maximum punishment was life, death or twenty (20) years or more, for a period not to exceed twenty (20) years; or

              (ii)  If the maximum punishment for the violent felony was less than twenty (20) years, for a period not to exceed the maximum punishment.

          (b)  If the felony was a nonviolent crime:

              (i)  If the maximum punishment for the nonviolent felony was ten (10) years or more, for a period not to exceed ten (10) years; or

              (ii)  If the maximum punishment for the nonviolent felony was less than ten (10) years, for a period not to exceed the maximum punishment.

     (2)  For the purposes of this section, "violent crime" means homicide, robbery, manslaughter, sex crimes, burglary of an occupied or unoccupied dwelling, aggravated assault, kidnapping, drive-by shooting, armed robbery, felonious abuse of a vulnerable person, felonies subject to an enhanced penalty, felony child abuse or exploitation, or any violation of Section 97-5-33 relating to exploitation of children, Section 97-5-39(1)(b), 97-5-39(1)(c) or 97-5-39(2) relating to child neglect or abuse, or Section 63-11-30(5) relating to aggravated DUI.

     (3)  In the prosecution of an offense under this section, it shall not be necessary to aver in the indictment or to prove on the trial that the principal has been convicted or tried.

     SECTION 2.  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 house or inner door of such dwelling house of another, whether armed with a deadly weapon or not, and whether there shall be at the time some human being in such dwelling house or not, with intent to commit some crime therein, shall be punished by commitment to the custody of the Department of Corrections for not less than three (3) years 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.

     (3)  A violation of this section shall be a violent crime.

     SECTION 3.  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 nighttime, 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 imprisoned in the Penitentiary not more than seven (7) 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 punished by imprisonment in the Penitentiary not more than fourteen (14) years.

     (3)  A violation of this section shall be a violent crime.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2014.