Bill Text: MS HB1341 | 2018 | Regular Session | Introduced
Bill Title: Cell phones and other contraband found in correctional facilities; provide certain penalities for.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB1341 Detail]
Download: Mississippi-2018-HB1341-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Corrections
By: Representative Kinkade
House Bill 1341
AN ACT TO AMEND SECTION 47-5-198, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION AGAINST ANY PERSON, EXCEPT FOR CORRECTIONAL STAFF, WHO IS CONVICTED OF THE SALE, POSSESSION OR USE OF A CONTROLLED SUBSTANCE WITHIN A CORRECTIONAL FACILITY FROM EARNING TIME ALLOWANCE OR ANY OTHER REDUCTION OF SENTENCE; TO PROVIDE THAT ANY CORRECTIONAL STAFF WHO IS CONVICTED OF THE SALE, POSSESSION OR USE OF A CONTROLLED SUBSTANCE SHALL NOT BE ELIGIBLE FOR ANY TYPE REDUCTION OF SENTENCE OR EARLY RELEASE; TO AMEND SECTION 47-5-195, MISSISSIPPI CODE OF 1972, TO PROVIDE ENHANCED PENALTIES FOR ANY INCARCERATED OFFENDER OR EMPLOYEE OF ANY CORRECTIONAL FACILITY, IF THE OFFENDER OR EMPLOYEE POSSESSES CERTAIN CONTRABAND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-198, Mississippi Code of 1972, is amended as follows:
47-5-198. (1) It is unlawful for any person to sell within, bring to, or be in possession of, in any correctional facility or convict camp within the state or any county, municipal or other jail within the state, except as authorized by law, any controlled substance or narcotic drug.
(2) It is unlawful for any person who is the keeper or officer in charge of the facility, camp or jail, or who is employed in or about the facility, camp or jail to knowingly permit any controlled substance or narcotic drug to be sold, possessed or used therein contrary to law.
(3) Any person who violates
the provisions of this section and is convicted shall be fined up to Twenty-five
Thousand Dollars ($25,000.00) and be punished by imprisonment for not less than
three (3) years nor more than seven (7) years; and the person is not eligible
for probation, parole * * *
or suspension of sentence * * *.
(4) Any correctional staff who violates the provisions of this section and is convicted shall be fined up to Twenty-five Thousand Dollars ($25,000.00) and be punished by imprisonment for not less than three (3) years nor more than seven (7) years, and such person is not eligible for probation, parole, suspension of sentence, earned time allowance or any other reduction of sentence.
SECTION 2. Section 47-5-195, Mississippi Code of 1972, is amended as follows:
47-5-195. (1) Any person who violates any provision of Section 47-5-193 or 47-5-194 shall be guilty of a felony and upon conviction shall be punished by confinement in the Penitentiary for not less than three (3) years nor more than fifteen (15) years, and may be fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.
(2) Any person who violates any provision of Section 47-5-193 as it pertains to illegal drugs or a cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or charger shall be punished as authorized under this section, and, in the discretion of the court, may be punished up to twice that authorized under this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.
