MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary, Division B

By: Senator(s) Fillingane

Senate Bill 2287

AN ACT TO AMEND SECTION 97-37-37, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN ENHANCED PENALTY FOR ANY PERSON WHO USES OR DISPLAYS A FIREARM DURING THE COMMISSION OF ANY GANG-RELATED ACTIVITY; TO AMEND SECTION 97-44-19, MISSISSIPPI CODE OF 1972, TO ENHANCE THE PENALTIES FOR PARTICIPATING IN AND FURTHERING GANG ACTIVITY BY IMPOSING A PUNISHMENT EQUAL TO THE PUNISHMENT FOR THE UNDERLYING OFFENSE WITH THE ENHANCED PUNISHMENT TO RUN CONSECUTIVELY TO THE UNDERLYING PUNISHMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-37-37, Mississippi Code of 1972, is amended as follows:

     97-37-37.  (1)  Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any person who uses or displays a firearm during the commission of any felony shall, in addition to the punishment provided for such felony, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections of five (5) years, which sentence shall not be reduced or suspended.

     (2)  Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any convicted felon who uses or displays a firearm during the commission of any felony shall, in addition to the punishment provided for such felony, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections of ten (10) years, to run consecutively, not concurrently, which sentence shall not be reduced or suspended.

(3)  Except to the extent that a greater minimum sentence is otherwise provided by any other provision of law, any person who uses or displays a firearm during the commission of any gang-related activity, as defined in Section 97-44-3(d), shall, in addition to the punishment provided for such gang-related activity, be sentenced to an additional term of imprisonment in the custody of the Department of Corrections of five (5) years, to run consecutively, not concurrently, which sentence shall not be reduced or suspended.

     SECTION 2.  Section 97-44-19, Mississippi Code of 1972, is amended as follows:

     97-44-19.  (1)  Any person who intentionally directs, participates, conducts, furthers, or assists in the commission of illegal gang activity shall be punished by imprisonment for * * * not less than one (1) year nor more than one‑half (1/2) of the maximum term of imprisonment provided for an underlying offense an additional term equal to that imposed for the underlying offense and may be fined an amount not to exceed Ten Thousand Dollars ($10,000.00).  Any sentence of imprisonment imposed pursuant to this section shall * * * be in addition and consecutive run consecutively to any sentence imposed for the underlying offense.

     (2)  Any person who is convicted of a felony or an attempted felony which is committed for the benefit of, at the direction of, or in association with any criminal street gang, with the intent to promote, further, or assist in the affairs of a criminal gang, shall, upon conviction of that felony, * * * in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be imprisoned for * * * not less than one (1) year nor more than one‑half (1/2) of the maximum term of imprisonment provided an additional term equal to the amount imposed for that underlying offense.  Any sentence of imprisonment imposed pursuant to the section shall run consecutively to any sentence imposed for the underlying offense.

     (3)  Any person who is convicted of an offense other than a felony which is committed for the benefit of, at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct or enterprise by gang members, shall * * *, in addition and consecutive to the penalty provided for that offense, be imprisoned for * * * an additional period of not more than one (1) year an additional term equal to the amount imposed for that underlying offense.  Any sentence of imprisonment imposed pursuant to the section shall run consecutively to any sentence imposed for the underlying offense.

     (4)  Any person who knowingly and willfully sells or buys goods or performs services for a criminal street gang in furtherance of illegal activity shall be punished by imprisonment for * * * not less than one (1) year nor more than one‑half (1/2) of the maximum term of imprisonment provided an additional term equal to the amount imposed for * * * the that underlying offense and may be fined an amount not to exceed Ten Thousand Dollars ($10,000.00).  Any sentence of imprisonment imposed pursuant to this section shall run consecutively to any sentence imposed for the underlying offense.

     (5)  The court may elect to suspend all or a part of any additional mandatory punishment or enhanced punishment provided for in this chapter to impose alternative punishment in the form of properly supervised community service or placement in an appropriate adolescent offender program, if available, only in an unusual case where the interest of justice would best be served, and if the court specifies on the record and enters into the minutes the circumstances and reasons that the interests of justice would best be served by that suspension of enhanced punishment.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2024.

---