MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Judiciary B

By: Representative Gipson

House Bill 805

AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, TO AUTHORIZE REDUCTION OF SENTENCE FOR HABITUAL OFFENDERS WHEN THE DISTRICT ATTORNEY AND APPLICABLE CIRCUIT COURT AGREE TO SUCH REDUCTION; 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, unless the district attorney and the circuit court with jurisdiction over such person agree to a sentence that is less than the maximum term of imprisonment, but the person shall * * *such person not be eligible for parole or probation.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.