MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Corrections
By: Representative Kinkade
AN ACT TO AMEND SECTION 47-5-193, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE A FELONY FOR ANY PERSON, EXCEPT LAW ENFORCEMENT OFFICIALS WHO ARE IN THE COURSE OF CONDUCTING AN INVESTIGATION, TO KNOWINGLY COMMUNICATE WITH AN INMATE WHO IS UTILIZING A CONTRABAND CELL PHONE WHILE HE OR SHE IS INCARCERATED; TO AUTHORIZE CIRCUIT COURTS TO ISSUE AN ORDER TO DISABLE THE CONTRABAND CELL PHONE SERVICE FROM CARRIERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-193, Mississippi Code of 1972, is amended as follows:
47-5-193. (1) It is unlawful for any officer or employee of the department, of any county sheriff's department, of any private correctional facility in this state in which offenders are confined, of any municipal or other correctional facility in this state, or for any other person or offender to possess, furnish, attempt to furnish, or assist in furnishing to any offender confined in this state any weapon, deadly weapon, unauthorized electronic device, contraband item, or cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers. It is unlawful for any person or offender to take, attempt to take, or assist in taking any weapon, deadly weapon, unauthorized electronic device, contraband item, cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers on property within the state belonging to the department, a county, a municipality, or other entity that is occupied or used by offenders, except as authorized by law.
(2) It shall be a felony for anyone, without authorization from the department, other than a law enforcement official in the course of an official investigation, to knowingly communicate with an inmate, who, while in custody in a correctional facility, is on a contraband cell phone. The circuit court is authorized to issue an order to disable the contraband cell phone service from the carrier.
(3) Any person convicted under this section shall be punished by the penalties prescribed under Section 47-5-195.
SECTION 2. This act shall take effect and be in force from and after passage.