House Bill 256

AN ACT TO AMEND SECTION 97-17-23, MISSISSIPPI CODE OF 1972, TO PROVIDE ENHANCED PENALTIES FOR A SECOND AND THIRD OR SUBSEQUENT OFFENSE OF BURGLARY; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 for a first offense by commitment to the custody of the Department of Corrections for not less than three (3) years nor more than twenty-five (25) years. For a second offense, such person shall be punished by commitment to the custody of the Department of Corrections for not less than six (6) years nor more than twenty-five (25) years. For a third or subsequent offense, such person shall be punished by commitment to the custody of the Department of Corrections for not less than nine (9) 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2015.