MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary B

By: Representative Baria

House Bill 673

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) * * *Any person convicted of forgery  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), * * * may be punished 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. * * *  The total value of the forgery by the person from a single victim shall be aggregated in determining the gravity of the offense.   Any  A person convicted of a third or subsequent offense * * * under this subsection 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 * * *Penitentiary 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.

          ( * * *2b) * * *Any person convicted of forgery w  When the amount of value involved is One Thousand Dollars ($1,000.00) or more * * *, but less than Five Thousand Dollars ($5,000.00), * * * shall be punished by imprisonment in the * * *Penitentiary 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.

          ( * * *3c) * * *Any person convicted of forgery w  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) * * *shall be imprisoned, by imprisonment in the * * *Penitentiary custody of the Department of Corrections for a term not exceeding ten (10) years, or * * * be fined by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.

          ( * * *4d) * * *Any person convicted of forgery w  When the amount of value involved is Twenty-five Thousand Dollars ($25,000.00) or more, * * * shall be imprisoned by imprisonment in the * * *Penitentiary custody of the Department of Corrections for a term not exceeding twenty (20) years, or * * * be fined a fine of not more than Ten Thousand Dollars ($10,000.00), or both. * * *  The total value of the forgery by the person from a single victim shall be aggregated in determining the gravity of the offense.

     (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.