MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary B

By: Representatives Criswell, Hudson, Karriem

House Bill 668

AN ACT TO AMEND SECTION 97-35-37, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF VAGRANCY; TO REVISE THE DUTY OF POLICE OFFICERS REGARDING VAGRANCY; TO AMEND SECTION 97-35-39, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR VAGRANCY; TO REPEAL SECTIONS 97-35-29, 97-35-31, 97-35-33, 97-35-35 AND 97-35-43, WHICH PROVIDE FOR THE DEFINITION, ARREST AND PENALTIES FOR PERSONS DEFINED AS "TRAMPS"; TO REPEAL SECTIONS 97-35-41, 99-29-1, 99-29-3, 99-29-5, 99-29-7, 99-29-9, 99-29-11 AND 99-29-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR VAGRANCY PENALTIES AND PROCEEDINGS; AND FOR RELATED PURPOSES.

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

SECTION 1.  Section 97-35-37, Mississippi Code of 1972, is amended as follows:

     97-35-37.  * * * The following persons are and shall be punished as vagrants, viz.:

  (a)  Persons known as tramps, wandering or strolling about in idleness, who are able to work and have no property to support them. 

  (b)  Persons leading an idle, immoral or profligate life, who have no property to support them, and who are able to work and do not work. 

  (c)  All persons able to work, having no property to support them, and who have no visible or known means of a fair, honest and reputable livelihood.  The term "visible and known means of a fair, honest and reputable livelihood," as used in this section, shall be construed to mean reasonably continuous employment at some lawful occupation for reasonable compensation, or a fixed and regular income from property or other investment, which income is sufficient for the support and maintenance of such person. 

  (d)  All able‑bodied persons who habitually loaf, loiter and idle in the cities, towns, and villages, or about steamboat landings or railroad stations or any other public place in the state, for the larger portion of their time, without any regular employment and without any visible means of support.  An offense under paragraph (d) of this section shall be made out whenever it is shown that any person has no visible means of support and only occasionally has employment at odd jobs, being for the most of the time out of employment. 

  (e)  Persons trading or bartering stolen property, or who unlawfully sell or barter any vinous, alcoholic, malt, intoxicating or spirituous liquors. 

  (f)  Every common gambler or person who for the most part maintains himself by gambling. 

  (g)  Every able‑bodied person who shall go begging for a livelihood. 

  (h)  Every common prostitute. 

  (i)  Every keeper of a house of prostitution. 

  (j)  Every keeper of a house of gambling or gaming. 

  (k)  Every able‑bodied person who lives without employment or labor, and who has no visible means of support. 

  (l)  All persons who are able to work and do not work, but hire out their minor children or allow them to be hired out, and live upon their wages. 

  (m)  All persons over sixteen years of age and under twenty‑one, able to work and who do not work, and have no property to support them, and have not some known visible means of a fair, honest, and reputable livelihood, and whose parents or those in loco parentis are unable to support them, and who are not in attendance upon some educational institution.

(1)  Any person found sleeping for more than one (1) hour or camping on public or private property without prior permission shall be considered a vagrant.

(2)  A police officer is authorized to arrest any person defined as a vagrant by this section only if the officer warned the person to move from a certain location and such person refused to move from the location.

SECTION 2.  Section 97-35-39, Mississippi Code of 1972, is amended as follows:

     97-35-39.  * * *Whenever any person shall have been convicted of Upon conviction for being a vagrant, the justice of the peace or mayor or police justice by whom such person was tried shall commit the person to jail for not * * *less than ten nor more than thirty days more than forty-eight (48) hours, or * * *shall require such person to give bond, with sufficient security, to be approved by said justice or mayor or police justice, in any sum not less than two hundred and one dollars, for the future industry and good conduct of such person for one year from the date of giving of such bond fine such person in an amount up to One Hundred Dollars ($100.00).

SECTION 3.  Sections 97-35-29, 97-35-31, 97-35-33, 97-35-35 and 97-35-43, which provide for the definition, arrest and penalties for persons defined as "tramps," are repealed.

     SECTION 4.  Sections 97-35-41, 99-29-1, 99-29-3, 99-29-5, 99-29-7, 99-29-9, 99-29-11 and 99-29-13, which provide for vagrancy penalties and proceedings, are repealed.

SECTION 5.  This act shall take effect and be in force from and after July 1, 2018.

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