House Bill 705

(As Passed the House)

AN ACT TO AMEND SECTION 41-29-142, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ENHANCEMENT OF PENALTIES FOR THE SALE OF DRUGS WITHIN 1500 FEET OF A DRUG OR ALCOHOL TREATMENT OR REHABILITATION FACILITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-29-142, Mississippi Code of 1972, is amended as follows:

41-29-142. (1) Except as provided in subsection (f) of Section 41-29-139 or in subsection (2) of this section, any person who violates or conspires to violate Section 41-29-139(a)(1), Mississippi Code of 1972, by selling, bartering, transferring, manufacturing, distributing, dispensing or possessing with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance, in or on, or within one thousand five hundred (1,500) feet of, a building or outbuilding which is all or part of * * *a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater or within one thousand (1,000) feet of, the real property comprising such public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, youth center or movie theater any facility protected under this section shall, upon conviction thereof, be punished by the term of imprisonment or a fine, or both, of that authorized by Section 41-29-139(b) and, in the discretion of the court, may be punished by a term of imprisonment or a fine, or both, of up to twice that authorized by Section 41-29-139(b).

(2) Except as otherwise provided in subsection (f) of Section 41-29-139, any person who violates or conspires to violate Section 41-29-139(a)(1), Mississippi Code of 1972, by selling, bartering, transferring, manufacturing, distributing, dispensing or possessing with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance, in or on, or within one thousand five hundred (1,500) feet of, a building or outbuilding which is all or part of * * * any facility protected under this section or within one thousand (1,000) feet of, the real property comprising * * * a facility protected under this section after a prior conviction under subsection (1) of this section has become final, shall, upon conviction thereof, be punished by a term of imprisonment of not less than three (3) years and not more than life, and in the discretion of the court, may be punished by a term of imprisonment of up to three (3) times that authorized by Section 41-29-139(b), for a first offense, or a fine of up to three (3) times that authorized by Section 41-29-139(b), for a first offense, or both.

(3) For the purposes of this section, the term "facility protected under this section" means a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, drug or alcohol treatment or rehabilitation facility, youth center or movie theater.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.