Adopted
AMENDMENT NO 1 TO AMENDMENT NO 1 PROPOSED TO
House Bill No. 405
BY: Senator(s) Sparks
AMEND by inserting the following sections below line 50 and renumber subsequent sections:
SECTION *. Section 97-11-11, Mississippi Code of 1972, is amended as follows:
97-11-11. (1) Every
person who shall promise, offer or give to any officer, agent or trustee,
either public or private, while holding such office, agency or trust, or after
he has become a candidate or applicant for the same, any money, goods,
chattels, right in action, or other property, real or personal, with intent to
influence his vote, opinion, action or judgment on any question, matter, cause
or proceeding which may be then pending, or may be thereafter subject to vote,
opinion, action or judgment of such officer, agent or trustee, shall, on
conviction, be imprisoned in the Penitentiary not less than five (5) years
but not more than * * * twenty (20) years,
or fined not more than * * * Ten
Thousand Dollars ($10,000.00), or both, and shall be forever disqualified
from holding any public office, trust or appointment, and shall forfeit his
office, if any be held.
(2) 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.
SECTION *. Section 97-11-13, Mississippi Code of 1972, is amended as follows:
97-11-13. (1) If
any officer, agent or trustee shall accept any gift, offer or promise, prohibited
by Section 97-11-11, he shall, on conviction, be forever disqualified from
holding any public office, trust or appointment, and shall forfeit his office,
if any be held, and be imprisoned in the Penitentiary not less than five (5)
years but not more than * * * twenty
(20) years, or be fined not more than * * * Ten Thousand Dollars ($10,000.00), or both.
(2) 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.
SECTION *. Section 97-11-53, Mississippi Code of 1972, is amended as follows:
97-11-53. As used in this section the following words shall have the following meaning:
(1) Person: individual, firm, corporation, association, partnership or other legal entity.
(2) Public official:
(a) Any elected official of the State of Mississippi or of any political subdivision thereof, or
(b) Any officer, director, commissioner, supervisor, chief, head, agent or employee of:
(i) The State of Mississippi,
(ii) Any agency of the State of Mississippi,
(iii) Any political subdivision of the State of Mississippi,
(iv) Any body politic of the State of Mississippi, or
(v) Any entity created by or under the laws of the State of Mississippi or by executive order of the Governor of the State of Mississippi and which expends public funds.
No person shall directly or indirectly offer, promise, give or agree to give to any public official or his spouse any money, property, or other tangible or intangible thing of value as an inducement or incentive for (a) the awarding or refusal to award a contract by any of the entities referred to in subsections (i) through (v) of subsection 2 b of this section; (b) the purchase, sale or lease of property by any of the entities referred to in subsections (i) through (v) of subsection 2 b of this section; or (c) the accomplishment of any official act or purpose involving public funds or public trust.
Any person who violates the
terms of this section shall be guilty of a felony and shall, upon conviction,
be imprisoned in the * * * Mississippi Department of Corrections not less than
five (5) years but not more than * * * twenty
(20) years, or be fined not more than * * * Ten Thousand Dollars (10,000.00), or both; and in
addition such person and the firm, corporation, partnership, association or
other type of business entity which he represents shall be barred for a period
of five (5) years from the date of conviction from doing business with the
State of Mississippi or any political subdivision thereof or any other public
entity referred to in this section.
No public official shall directly or indirectly accept, receive, offer to receive or agree to receive any gift, offer, or promise of any money, property or other tangible or intangible thing of value as an inducement or incentive for (a) the awarding or refusal to award a contract by any of the entities referred to in subsections (i) through (v) of subsection 2 b of this section; (b) the purchase, sale or lease of property by any of the entities referred to in subsections (i) through (v) of subsection 2 b of this section; or (c) the accomplishment of any official act or purpose involving public funds or public trust.
Any public official who
violates the terms of this section or whose spouse does so with his knowledge
and consent, shall be guilty of a felony and shall, upon conviction, be
imprisoned in the Penitentiary not less than five (5) years but not more
than * * * twenty (20) years, or be fined
not more than * * * Ten Thousand
Dollars ($10,000.00), or both; and in addition, upon conviction such public
official shall forfeit his office, if any he hold, and be forever disqualified
from holding any public office, trust, appointment or employment with the State
of Mississippi or any political subdivision thereof or with any other public
entity referred to in this section.
Each violation of the provisions of this section shall constitute a separate offense. 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.
SECTION *. Section 97-1-5, Mississippi Code of 1972, is amended as follows:
97-1-5. (1) Every person who shall be convicted of having concealed, received, or relieved any felon, or having aided or assisted any felon, knowing that the person had committed a felony, with intent to enable the felon to escape or to avoid arrest, trial, conviction or punishment after the commission of the felony, on conviction thereof shall be imprisoned in the custody of the Department of Corrections as follows:
(a) If the felony was a violent crime:
(i) If the maximum punishment was life, death or twenty (20) years or more, for a period not to exceed twenty (20) years; or
(ii) If the maximum punishment for the violent felony was less than twenty (20) years, for a period not to exceed the maximum punishment.
(b) If the felony was a nonviolent crime other than the crimes listed in 97-1-5(1)(c):
(i) If the maximum punishment for the nonviolent felony was ten (10) years or more, for a period not to exceed ten (10) years; or
(ii) If the maximum punishment for the nonviolent felony was less than ten (10) years, for a period not to exceed the maximum punishment.
(c) If the felony was a crime provided for in Section 97-11-11, 97-11-13 or 97-11-53 for a period not less than five (5) years but not exceeding twenty (20) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(2) For the purposes of this section, "violent crime" means homicide, robbery, manslaughter, sex crimes, burglary of an occupied dwelling, aggravated assault, kidnapping, drive-by shooting, armed robbery, felonious abuse of a vulnerable person, felonies subject to an enhanced penalty, felony child abuse or exploitation, or any violation of Section 97-5-33 relating to exploitation of children, Section 97-5-39(1)(b), 97-5-39(1)(c) or 97-5-39(2) relating to child neglect or abuse, or Section 63-11-30(5) relating to aggravated DUI.
(3) In the prosecution of an offense under this section, it shall not be necessary to aver in the indictment or to prove on the trial that the principal has been convicted or tried.
(4) Notwithstanding any other law to the contrary, the minimum terms imposed under Section 97-1-5(1)(c) 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.
FURTHER, AMEND by technically renumbering Section 97-11-53.
FURTHER, AMEND the title to conform.