MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division B
By: Senator(s) Hopson
AN ACT TO AMEND SECTION 99-19-25, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OF THE JUSTICE COURT CONCERNING SUSPENSION OF FINES SO AS TO BE CONSISTENT WITH THE SAME AUTHORITY EXERCISED BY THE MUNICIPAL COURTS; TO AMEND SECTION 99-15-26, MISSISSIPPI CODE OF 1972, TO REVISE THE COURT'S DISPOSITIONAL ALTERNATIVES FOR NONADJUDICATION; 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, on such terms as may be imposed by the judge of the court. Provided, the suspension of imposition or execution of a sentence hereunder 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, 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, 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 may not be
revoked after a period of two (2) years. Provided, however, the justice courts
in cases arising under * * * Section 49-7-81 * * * or 49-7-95 * * * shall not suspend any fine.
SECTION 2. Section 99-15-26, Mississippi Code of 1972, is amended as follows:
99-15-26. (1) (a) In all criminal cases, felony and misdemeanor, other than crimes against the person, a crime of violence as defined in Section 97-3-2, a violation of Section 97-11-31, or crimes in which a person unlawfully takes, obtains or misappropriates funds received by or entrusted to the person by virtue of his or her public office or employment, the circuit or county court shall be empowered, upon the entry of a plea of guilty by a criminal defendant made on or after July 1, 2014, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(b) In all misdemeanor criminal cases, other than crimes against the person, the justice or municipal court shall be empowered, upon the entry of a plea of guilty by a criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(c) Notwithstanding paragraph (a) of this subsection (1), in all criminal cases charging a misdemeanor of domestic violence as defined in Section 99-3-7(5), a circuit, county, justice or municipal court shall be empowered, upon the entry of a plea of guilty by the criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(d) No person having previously qualified under the provisions of this section shall be eligible to qualify for release in accordance with this section for a repeat offense. A person shall not be eligible to qualify for release in accordance with this section if charged with the offense of trafficking of a controlled substance as provided in Section 41-29-139(f) or if charged with an offense under the Mississippi Implied Consent Law. Violations under the Mississippi Implied Consent Law can only be nonadjudicated under the provisions of Section 63-11-30.
(2) (a) Conditions which the circuit, county, justice or municipal court may impose under subsection (1) of this section shall consist of:
(i) Reasonable restitution to the victim of the crime.
(ii) Performance of not more than nine hundred sixty (960) hours of public service work approved by the court.
(iii) Payment of a fine not to exceed the statutory limit.
(iv) Successful completion of drug, alcohol, psychological or psychiatric treatment, successful completion of a program designed to bring about the cessation of domestic abuse, or any combination thereof, if the court deems treatment necessary.
(v) The circuit or county court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed five (5) years. The justice or municipal court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed two (2) years.
(b) Conditions which
the circuit * * *,
county, justice or municipal court may impose under subsection (1) of
this section also include successful completion of an effective evidence-based program or a properly controlled pilot study
designed to contribute to the evidence-based research literature on programs
targeted at reducing recidivism. Such program or pilot study may be community
based or institutionally based and should address risk factors identified in a
formal assessment of the offender's risks and needs.
(3) When the court has imposed upon the defendant the conditions set out in this section, the court shall release the bail bond, if any.
(4) Upon successful completion of the court-imposed conditions permitted by subsection (2) of this section, the court shall direct that the cause be dismissed and the case be closed.
(5) Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped, there was no disposition of such case, or the person was found not guilty at trial.
SECTION 3. This act shall take effect and be in force from and after July 1, 2022.