Bill Text: MS HB1423 | 2023 | Regular Session | Introduced

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Bill Title: Subsequent offense; revise how a first offense is calculated.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2023-01-31 - Died In Committee [HB1423 Detail]

Download: Mississippi-2023-HB1423-Introduced.html

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MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary B

By: Representative Scott

House Bill 1423

AN ACT TO AMEND SECTION 41-29-147, MISSISSIPPI CODE OF 1972, TO REVISE HOW A SECOND OR SUBSEQUENT OFFENSE IS CALCULATED; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-29-147, Mississippi Code of 1972, is amended as follows:

     41-29-147.  Except as otherwise provided in Section 41-29-142, any person convicted of a second or subsequent offense under this article may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.

     For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted and sentenced to separate terms of one (1) year or more under this article or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant or hallucinogenic drugs, upon charges separately brought and arising out of separate incidents at different times.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.

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