House Bill 752

AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A FELONY MAY BE COUNTED FOR THE PURPOSES OF SENTENCING A PERSON AS AN HABITUAL OFFENDER IF THE FELONY WAS COMMITTED WHEN THE PERSON WAS 25 YEARS OF AGE OR OLDER AND BODILY INJURY OCCURRED DURING THE COMMISSION OF THE FELONY AND THE PERSON HAS NOT SERVED A CERTAIN NUMBER OF YEARS ON HIS OR HER SENTENCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-19-81, Mississippi Code of 1972, is amended as follows:

99-19-81. (a) Except as otherwise provided under paragraph (b) of this section, 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 separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.

(b) Every person convicted in this state of a felony where no bodily injury occurred in the commission of the felony who shall also 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 separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be eligible for parole or probation if:

(i) The previous two felony convictions had no bodily injury occur during the commission of the crimes;

(ii) The previous two felonies were committed by a person who has not reached his or her twenty-fifth birthday; and

(iii) The person has served no less than seven years of the sentence or sentences imposed by the trial court.

SECTION 2. This act shall take effect and be in force from and after July 1, 2017.