Senate Bill 2560

AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, TO REVISE THE IMPOSITION OF MAXIMUM PENALTIES FOR CERTAIN HABITUAL OFFENDERS UNDER CERTAIN CIRCUMSTANCES; 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. (1) 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, subject to the provisions of subsection (2) of this section, 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.

(2) (a) A defendant may be sentenced to less than the maximum term of imprisonment prescribed for such felony if and only if:

(i) The State of Mississippi and the defendant agree on the record to a lesser sentence; and

(ii) The agreement is approved on the record by the sentencing judge.

(b) The sentence imposed shall not be reduced or suspended nor shall such person be eligible for parole or probation under any circumstances.

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