Senate Bill 2691

AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, TO REVISE SENTENCING OF AN OFFENDER AS A HABITUAL OFFENDER; 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 that is punishable by more than five (5) years imprisonment who shall have been convicted twice previously of any felony or federal crime that is punishable by more than five (5) years imprisonment upon charges separately brought and arising out of separate incidents at different times, both of which occurred when the person was eighteen (18) years of age or older, and who shall have been sentenced to and served separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony unless the court provides an explanation in its sentencing order setting forth the cause for deviating from the maximum sentence, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.

(2) A prior felony conviction shall not be considered for the purposes of this section if more than ten (10) years have elapsed between the date of completion of the sentence imposed for either prior felony and the date of the commission of the offense under consideration for sentencing.

SECTION 2. This act shall take effect and be in force from and after July 1, 2020.