House Bill 707

AN ACT TO AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A HABITUAL OFFENDER SHALL NOT BE ELIGIBLE FOR PAROLE OR PROBATION OR ANY OTHER FORM OF EARLY RELEASE FROM THE ACTUAL PHYSICAL CUSTODY OF THE DEPARTMENT OF CORRECTIONS IF SUCH OFFENDER WAS CONVICTED OF BURGLARY OF A DWELLING OR IS REQUIRED TO REGISTER UNDER THE MISSISSIPPI SEX OFFENDERS REGISTRATION LAW; TO PROVIDE THAT A HABITUAL OFFENDER IS NOT ELIGIBLE FOR SUCH RELEASE NO MATTER IF THE SENTENCES RUN CONCURRENTLY OR CONSECUTIVELY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-19-83, Mississippi Code of 1972, is amended as follows:

99-19-83. (1) 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, whether such terms were served concurrently or consecutively, and where any one (1) of such felonies shall have been a crime of violence, a burglary of a dwelling or a crime pursuant to conviction for which the offender is required by law to register as a sex offender as provided in Section 45-33-25 or any other provision of the Mississippi Sex Offenders Registration Law, 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 or any other form of early release from actual physical custody within the Department of Corrections.

(2) It is the intent and purpose of the Legislature to protect the citizens of this state from the acts of recidivist criminals whose behavior has demonstrated a callous disregard for the safety and well-being of the public by committing acts against persons which acts have caused physical injury and/or death, terror, torture, the likelihood of fear for one’s safety in one’s own residence, and/or psychological or emotional risk and/or damage to a child in addition to any other felony crime by separating such persons from the general population of this state for the rest of their lives. The Legislature further finds that those persons subject to sentencing under the provisions of this section have, by definition, expressed their unwillingness to abide by the laws of this state in such quantity and to such a degree that the rehabilitation efforts of the correctional system and the private sector have failed, and that there is no other suitable alternative to lifelong incarceration that would offer any hope of restoring such persons to any reasonable expectation of lawful productivity as a citizen while at the same time ensuring the safety of the public.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.