MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary B
By: Representative Baria
AN ACT TO AMEND SECTION 97-21-33, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR CERTAIN FORGERIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-21-33, Mississippi Code of 1972, is amended as follows:
97-21-33. (1) * * * Except as
provided in subsection (2) for an offense under Section 97-21-13, 97-21-15, 97-21-17
or 97-21-23, a person convicted of forgery shall be penalized as follows:
(a) When the
amount of value involved is under One Thousand Dollars ($1,000.00), * * * by imprisonment in the county
jail for a term of not more than six (6) months, or by a fine of not more than
One Thousand Dollars ($1,000.00), or both, if the court finds
substantial and compelling reasons why the offender cannot be safely and
effectively supervised in the community, is not amenable to community-based
treatment, or poses a significant risk to public safety. If such a finding is
not made, the court shall suspend the sentence of imprisonment and impose a
period of probation not exceeding one (1) year or a fine of not more than One
Thousand Dollars ($1,000.00), or both. * * * A person convicted of a third or subsequent offense * * * of forgery that is
not punishable under subsection (2) and where the value of the property is
not less than Five Hundred Dollars ($500.00), shall be punished by imprisonment
in the * * * custody of the Department of Corrections for a
term not exceeding three (3) years or by a fine not exceeding One Thousand
Dollars ($1,000.00), or both.
( * * *b) * * * When the
amount of value involved is One Thousand Dollars ($1,000.00) or more * * * but less than Five Thousand Dollars
($5,000.00), * * * by imprisonment in the * * * custody of the Department of
Corrections for a term not more than five (5) years, or a fine of not more
than Ten Thousand Dollars ($10,000.00), or both.
( * * *c) * * * When the amount of value involved is Five Thousand Dollars ($5,000.00) or more * * * but less than Twenty-five Thousand Dollars
($25,000.00) * * *, by imprisonment in the * * * custody of the Department of
Corrections for a term not exceeding ten (10) years, or * * * by a fine of not more than Ten
Thousand Dollars ($10,000.00), or both.
( * * *d) * * * When
the amount of value involved is Twenty-five
Thousand Dollars ($25,000.00) or more, * * * by imprisonment in
the * * *
custody of the Department of Corrections for a term not exceeding twenty
(20) years, or * * * a fine of not more than Ten Thousand Dollars
($10,000.00), or both. * * *
(2) A person convicted of forgery under Section 97-21-13, 97-21-15, 97-21-17 or 97-21-23 shall be guilty of a felony and shall be penalized as follows:
(a) When the amount of value involved is less than Five Thousand Dollars ($5,000.00), by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
(b) When the amount of value involved is Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), by imprisonment in the custody of the Department of Corrections for a term not exceeding ten (10) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;
(c) When the amount of value involved is Twenty-five Thousand Dollars ($25,000.00) or more, by imprisonment for a term not exceeding twenty (20) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(3) The total value of forgeries by the person from a single victim shall be aggregated in determining the gravity of the offense.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.