MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary, Division B

By: Senator(s) DeBar

Senate Bill 2405

AN ACT TO AMEND SECTION 97-1-5, MISSISSIPPI CODE OF 1972, TO CLARIFY THE MEANING OF THE TERM "CRIME OF VIOLENCE" FOR THE PENALTY PROVISIONS REGARDING THE CRIME OF ACCESSORY-AFTER-THE-FACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-1-5, Mississippi Code of 1972, is amended as follows:

     97-1-5.  (1)  Every person who shall be convicted of having concealed, received, or relieved any felon, or having aided or assisted any felon, knowing that the person had committed a felony, with intent to enable the felon to escape or to avoid arrest, trial, conviction or punishment after the commission of the felony, on conviction thereof shall be imprisoned in the custody of the Department of Corrections as follows:

          (a)  If the felony was a * * * violent crime of violence as defined by Section 97-3-2:

              (i)  If the maximum punishment was life, death or twenty (20) years or more, for a period not to exceed twenty (20) years; or

              (ii)  If the maximum punishment for the violent felony was less than twenty (20) years, for a period not to exceed the maximum punishment.

(b)  If the felony was a nonviolent crime:

              (i)  If the maximum punishment for the nonviolent felony was ten (10) years or more, for a period not to exceed ten (10) years; or

              (ii)  If the maximum punishment for the nonviolent felony was less than ten (10) years, for a period not to exceed the maximum punishment.

 * * *(2)  For the purposes of this section, "violent crime" means homicide, robbery, manslaughter, sex crimes, burglary of an occupied dwelling, aggravated assault, kidnapping, drive-by shooting, armed robbery, felonious abuse of a vulnerable person, felonies subject to an enhanced penalty, felony child abuse or exploitation, or any violation of Section 97-5-33 relating to exploitation of children, Section 97-5-39(1)(b), 97-5-39(1)(c) or 97-5-39(2) relating to child neglect or abuse, or Section 63-11-30(5) relating to aggravated DUI.

     ( * * *32)  In the prosecution of an offense under this section, it shall not be necessary to aver in the indictment or to prove on the trial that the principal has been convicted or tried.

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

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