MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary B

By: Representative Horan

House Bill 1385

AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, TO ADD A FIVE-YEAR TIME PERIOD BEFORE A PERSON IS TO BE CONSIDERED A HABITUAL OFFENDER; 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.  Every person convicted in this state of a felony punishable by more than five (5) years imprisonment who shall have been convicted twice previously of any felony or federal crime punishable by more than five (5) years imprisonment upon charges separately brought and arising out of separate incidents at different times, both of which occurred when the person was eighteen (18) years of age or older, 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, 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.

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