Bill Text: MS HB461 | 2014 | Regular Session | Introduced
Bill Title: Prosecutorial discretion; revise definition.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB461 Detail]
Download: Mississippi-2014-HB461-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representative Dixon
House Bill 461
AN ACT TO AMEND SECTION 99-15-103, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF PROSECUTORIAL DISCRETION IN THE PRETRIAL INTERVENTION ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-15-103, Mississippi Code of 1972, is amended as follows:
99-15-103. For purposes of Sections 99-15-101 through 99-15-127, the following words shall have the meaning ascribed herein unless the context shall otherwise require:
(a) "Prosecutorial discretion" means the power of the district attorney to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken and, if so taken, of what kind and degree and to what conclusion. However, "prosecutorial discretion" shall not be interpreted as giving the district attorney the authority to allow a defendant to plead to a lesser charge than any offense for the killing of another when the defendant's crime has resulted in the death of another unless the victim's family gives prior consent to allow such a plea.
(b) "Noncriminal disposition" means the dismissal of a criminal charge without prejudice to the state to reinstate criminal proceedings on motion of the district attorney.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.
