2021 Regular Session
To: Judiciary B
By: Representatives Shanks, Newman, Powell, Weathersby, Yancey
AN ACT TO AMEND SECTION 99-19-25, MISSISSIPPI CODE OF 1972, TO GRANT JUSTICE COURTS THE AUTHORITY TO SUSPEND FINES IN CASES ARISING UNDER THE IMPLIED CONSENT LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-19-25, Mississippi Code of 1972, is amended as follows:
99-19-25. The circuit
courts and the county courts, in misdemeanor cases, are * * * authorized to suspend a sentence and to
suspend the execution of a sentence, or any part * * * of a sentence, on such terms as
may be imposed by the judge of the court. * * * The suspension of imposition or
execution of a sentence * * *hereunder under this section may not be revoked after a
period of five (5) years.
The justice courts, in misdemeanor
cases, are * * *authorized
to suspend a sentence and to suspend the execution of a sentence, or any
part * * *
of a sentence, on such terms as may be imposed by the judge of the
court. Subsequent to original sentencing, the justice courts, in misdemeanor
cases, are * * *
authorized to suspend a sentence and to suspend execution of a sentence,
or any part * * *
of a sentence, on such terms as may be imposed by the judge of the
court, if: (a) the judge or his or her predecessor was authorized to
order such suspension when the sentence was originally imposed; and (b) such
conviction (i) has not been appealed * * * or (ii) has been appealed and the appeal has
been voluntarily dismissed. * * * The suspension of imposition or
execution of a sentence * * *hereunder under this section may not be revoked after a
period of two (2) years. * * *Provided, However, the justice courts in cases arising under
Sections 49-7-81 * * *
and 49-7-95 * * * shall not suspend any fine.
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.