Senate Bill 2446

AN ACT TO AMEND SECTION 47-7-37.1, MISSISSIPPI CODE OF 1972, TO ADD CERTAIN GROUNDS FOR THE COURT TO REVOKE PROBATION OR POST-RELEASE SUPERVISION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-7-37.1, Mississippi Code of 1972, is amended as follows:

47-7-37.1. (1) Notwithstanding any other provision of law to the contrary, if a court finds by a preponderance of the evidence, that a probationer or a person under post-release supervision has (a) committed a felony, or (b) absconded, or (c) committed domestic violence, or (d) committed the offense of misdemeanor DUI, or (e) committed a misdemeanor, the court may revoke his probation and impose any or all of the sentence.

(2) For purposes of this section * * *,:

(a) "Committed a felony" means a finding of probable cause that a person has committed a felony.

(b) "Absconding from supervision" means the failure of a probationer to report to his supervising officer for six (6) or more consecutive months.

(c) "Committed domestic violence" means a finding of probable cause that a person has committed an assault as proscribed in Section 97-3-7(3) and (4).

(d) "Committed misdemeanor DUI" means a finding of probable cause that the person has committed a misdemeanor DUI as proscribed in Section 63-11-30(2)(a) and (b).

(e) "Committed a misdemeanor" means a finding of probable cause that the person committed a misdemeanor that demonstrates that the person is a danger to himself or herself or others.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.