SB2099_H_Amend

SECTION 1. Section 97-17-42, Mississippi Code of 1972, is amended as follows:

97-17-42. (1) Any person who shall, willfully and without authority, take possession of or take away a motor vehicle of any value belonging to another, with intent to either permanently or temporarily convert it or to permanently or temporarily deprive the owner of possession or ownership, and any person who knowingly shall aid and abet in the taking possession or taking away of the motor vehicle, shall be guilty of * * * ~~larceny~~ a felony and shall be * * * ~~punished~~ fined not more than Ten Thousand Dollars ($10,000.00), or imprisoned in the custody of the Department of Corrections for a term of not less than three (3) years but not to exceed twenty (20) years, or both.

(2) Any person convicted under this section who causes damage to any motor vehicle shall be ordered by the court to pay restitution to the owner or owners of the motor vehicle or vehicles damaged in the amount of damages caused to the vehicle and reasonable repair costs.

(3) This section shall not apply to the enforcement of a security interest in a motor vehicle.

(4) Any person who shall be convicted for a second or subsequent offense under this section shall be fined not more than Twenty Thousand Dollars ($20,000.00), or imprisoned in the * * * ~~Penitentiary~~ custody of the Department of Corrections for a term * * * of not less than six (6) years but not to exceed thirty (30) years, or both.

(5) Notwithstanding any other law to the contrary, the minimum terms imposed under this section shall not be reduced or suspended nor shall such person be eligible for probation or parole before the expiration of the minimum term of incarceration.

The provisions of this subsection (5) shall not apply if the sentencing judge determines that the interests of justice would not be served by imposition of the proscribed mandatory portions of the sentence. In determining whether to apply the departure from the sentence prescribed, the court shall consider:

(a) The defendant's age at the time of the crime and the hallmark characteristics of youth, including immaturity, impetuosity, and the failure to appreciate risks and consequences.

(b) The defendant's family and home environment in which the defendant was raised, and that children generally have no control over their family and home environment.

(c) The circumstances of the crime, including the nature and extent of the defendant's participation, and the way familial and peer pressures may have affected him.

(d) Whether or not the defendant used violence or a weapon during the crime.

(e) Whether or not the crime resulted in a death or serious bodily injury of a person not a party to the crime.

(f) Whether or not the person provided information or assistance to a law enforcement agency, or its designee, which, in the opinion of the trial judge, objectively should or would have aided in the arrest or prosecution of others who participated in this crime.

(g) The possibility of rehabilitation if alternative sentencing is imposed.

The defendant and prosecution shall have adequate opportunity to develop and make a record of all information relevant to sentencing.

The court shall specify on the record and in the sentencing order the reasons for granting or denying the departure.

SECTION 2. Section 99-35-101, Mississippi Code of 1972, is amended as follows:

99-35-101. (1) Any person convicted of an offense in a circuit court may appeal the conviction and/or sentence imposed to the Supreme Court. However, where the defendant enters a plea of guilty and is sentenced consistent with an agreement between the defendant and the prosecutor, then no appeal from the circuit court to the Supreme Court shall be allowed.

(2) In reviewing a sentence pursuant to paragraph (1) of this statute, the Supreme Court shall determine if there is unjustified sentence disparity. To determine disparity the Supreme Court shall consider all evidence presented by the parties including statistical evidence or aggregate data and compare the sentence in the case being reviewed with the sentence imposed on all convicted of the same crime taking into consideration a defendant's role in the crime, the defendant's criminal history, the defendant's social history including defendant's age, race, color, religion, sex, national origin or economic status. The Supreme Court shall also consider whether the defendant's exercise of constitutional rights, particularly the right to a trial by jury, resulted in sentencing disparity.

(3) If the court determines that there is an unjustified sentence disparity the court shall remand the matter to the sentencing court for resentencing.

Section 3. Confidential informants shall be at least eighteen (18) years of age, and notified of their right to contact an attorney, and one or both parents if under the age of twenty-one (21), and all notifications shall happen at least twenty-four (24) hours before they agree to serve. Any deal, arrangement, or agreement must be detailed and in writing, and the constitutional right to contact an attorney shall not be abridged or undermined, and exercising this right shall incur no negative consequences on any deal, arrangement, or agreement regarding informant work. To protect the safety of the individuals involved, informants may make no more than one (1) sale, purchase, or transfer from any individual person.

SECTION 4. This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.