MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary B

By: Representatives Shanks, Newman, Powell, Weathersby, Yancey

House Bill 780

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 * * *hereby authorized to suspend a sentence and to suspend the execution of a sentence, or any part * * *thereof of a sentence, on such terms as may be imposed by the judge of the court.  * * *Provided, 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 * * *hereby authorized to suspend a sentence and to suspend the execution of a sentence, or any part * * *thereof 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 * * *hereby authorized to suspend a sentence and to suspend execution of a sentence, or any part * * *thereof 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.  * * *Provided, 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 * * * and the Implied Consent Law shall not suspend any fine.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.