Senate Bill 2704

AN ACT TO AMEND SECTION 47-5-195, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A CIRCUIT COURT TO ISSUE AN ORDER TO DISABLE CONTRABAND CELL PHONE SERVICE FROM THE CARRIERS; TO AMEND SECTION 47-5-193, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 47-5-195, Mississippi Code of 1972, is amended as follows:

47-5-195. Any person who violates any provision of Section 47-5-193 or 47-5-194 shall be guilty of a felony and upon conviction shall be punished by confinement in the Penitentiary for not less than three (3) years nor more than fifteen (15) years, and may be fined not more than Twenty-five Thousand Dollars ($25,000.00), or both. If a violation of Section 47-5-193 involves an unauthorized cell phone, the circuit court is authorized to issue an order to disable cell phone service from the carriers.

SECTION 2. Section 47-5-193, Mississippi Code of 1972, is amended as follows:

47-5-193. 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. When a cell phone is identified through the managed access system or other monitoring system used by the Mississippi Department of Corrections, the circuit court is authorized to issue an order to disable the cell phone service from the carriers.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.