MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary B
By: Representative Gipson
AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN INDICTMENT OR AMENDMENT THERETO CHARGING THAT A PERSON IS A VIOLENT HABITUAL CRIMINAL PURSUANT TO THE PROVISIONS OF SECTION 99-19-83 SHALL BE SUFFICIENT TO ALSO CHARGE THE PERSON AS A NONVIOLENT HABITUAL OFFENDER AS PROVIDED WITHOUT THE NECESSITY OF FURTHER AMENDMENT OR REINDICTMENT; 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 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.
An indictment or amendment charging that a person is a violent habitual criminal pursuant to the provisions of Section 99-19-83 shall be sufficient to also charge the person as a nonviolent habitual offender as provided in this section without the necessity of further amendment or reindictment.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.