MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Corrections

By: Senator(s) Simmons (12th)

Senate Bill 2416

AN ACT TO AMEND SECTION 97-3-2, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE PROVISION OF LAW DESIGNATING CERTAIN OFFENSES AS CRIMES OF VIOLENCE DOES NOT DEEM AN OFFENDER ELIGIBLE OR INELIGIBLE FOR PAROLE OR EARLY RELEASE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-3-2, Mississippi Code of 1972, is amended as follows:

     97-3-2.  (1)  The following shall be classified as crimes of violence:

          (a)  Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);

          (b)  Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;

          (c)  Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);

          (d)  Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;

          (e)  Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);

          (f)  Kidnapping as provided in Section 97-3-53;

          (g)  Human trafficking as provided in Section 97-3-54.1;

          (h)  Poisoning as provided in Section 97-3-61;

          (i)  Rape as provided in Sections 97-3-65 and 97-3-71;

          (j)  Robbery as provided in Sections 97-3-73 and 97-3-79;

          (k)  Sexual battery as provided in Section 97-3-95;

          (l)  Drive-by shooting or bombing as provided in Section 97-3-109;

          (m)  Carjacking as provided in Section 97-3-117;

          (n)  Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;

          (o)  Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;

          (p)  Use of explosives or weapons of mass destruction as provided in Section 97-37-25;

          (q)  Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;

          (r)  Exploitation of a child as provided in Section 97-5-33;

          (s)  Gratification of lust as provided in Section 97-5-23; and

          (t)  Shooting into a dwelling as provided in Section 97-37-29.

     (2)  In any felony offense with a maximum sentence of no less than five (5) years, upon conviction, the judge may find and place in the sentencing order, on the record in open court, that the offense, while not listed in subsection (1) of this section, shall be classified as a crime of violence if the facts show that the defendant used physical force, or made a credible attempt or threat of physical force against another person as part of the criminal act. * * *No person convicted of a crime of violence listed in this section is eligible for parole or for early release from the custody of the Department of Corrections until the person has served at least fifty percent (50%) of the sentence imposed by the court.

     SECTION 2.  This act shall take effect and be in force from and after its passage.

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