MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary B
By: Representatives Criswell, Hudson
House Bill 668
AN ACT TO AMEND SECTION 97-35-37, MISSISSIPPI CODE OF 1972,
TO REVISE THE DEFINITION OF VAGRANCY; TO REVISE THE DUTY OF POLICE OFFICERS
REGARDING VAGRANCY; TO AMEND SECTION 97-35-39, MISSISSIPPI CODE OF 1972, TO
REVISE THE PENALTY FOR VAGRANCY; TO REPEAL SECTIONS 97-35-29, 97-35-31, 97-35-33,
97-35-35 AND 97-35-43, WHICH PROVIDE FOR THE DEFINITION, ARREST AND PENALTIES
FOR PERSONS DEFINED AS "TRAMPS"; TO REPEAL SECTIONS 97-35-41, 99-29-1,
99-29-3, 99-29-5, 99-29-7, 99-29-9, 99-29-11 AND 99-29-13, MISSISSIPPI CODE OF
1972, WHICH PROVIDE FOR VAGRANCY PENALTIES AND PROCEEDINGS; AND FOR RELATED
PURPOSES.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section
97-35-37, Mississippi Code of 1972, is amended as follows:
97-35-37. * * * The following persons are and shall be punished as
vagrants, viz.:
(a)
Persons known as tramps, wandering or strolling about in idleness, who are able
to work and have no property to support them.
(b)
Persons leading an idle, immoral or profligate life, who have no property to
support them, and who are able to work and do not work.
(c)
All persons able to work, having no property to support them, and who have no
visible or known means of a fair, honest and reputable livelihood. The term
"visible and known means of a fair, honest and reputable livelihood,"
as used in this section, shall be construed to mean reasonably continuous
employment at some lawful occupation for reasonable compensation, or a fixed
and regular income from property or other investment, which income is
sufficient for the support and maintenance of such person.
(d)
All able‑bodied persons who habitually loaf, loiter and idle in the
cities, towns, and villages, or about steamboat landings or railroad stations
or any other public place in the state, for the larger portion of their time,
without any regular employment and without any visible means of support. An
offense under paragraph (d) of this section shall be made out whenever it is
shown that any person has no visible means of support and only occasionally has
employment at odd jobs, being for the most of the time out of employment.
(e)
Persons trading or bartering stolen property, or who unlawfully sell or barter
any vinous, alcoholic, malt, intoxicating or spirituous liquors.
(f)
Every common gambler or person who for the most part maintains himself by
gambling.
(g)
Every able‑bodied person who shall go begging for a livelihood.
(h)
Every common prostitute.
(i)
Every keeper of a house of prostitution.
(j)
Every keeper of a house of gambling or gaming.
(k)
Every able‑bodied person who lives without employment or labor, and who
has no visible means of support.
(l)
All persons who are able to work and do not work, but hire out their minor
children or allow them to be hired out, and live upon their wages.
(m)
All persons over sixteen years of age and under twenty‑one, able to work
and who do not work, and have no property to support them, and have not some
known visible means of a fair, honest, and reputable livelihood, and whose
parents or those in loco parentis are unable to support them, and who are not
in attendance upon some educational institution.
(1) Any person found
sleeping for more than one (1) hour or camping on public or private property
without prior permission shall be considered a vagrant.
(2) A police officer is
authorized to arrest any person defined as a vagrant by this section only if
the officer warned the person to move from a certain location and such person
refused to move from the location.
SECTION 2. Section
97-35-39, Mississippi Code of 1972, is amended as follows:
97-35-39. * * *Whenever any person shall have been convicted of
Upon conviction for being a vagrant, the justice of the peace or mayor
or police justice by whom such person was tried shall commit the person to jail
for not * * *less than ten
nor more than thirty days more than forty-eight (48) hours,
or * * *shall require such
person to give bond, with sufficient security, to be approved by said justice
or mayor or police justice, in any sum not less than two hundred and one
dollars, for the future industry and good conduct of such person for one year
from the date of giving of such bond fine such person in an
amount up to One Hundred Dollars ($100.00).
SECTION 3. Sections
97-35-29, 97-35-31, 97-35-33, 97-35-35 and 97-35-43, which provide for the
definition, arrest and penalties for persons defined as "tramps," are
repealed.
SECTION 4. Sections
97-35-41, 99-29-1, 99-29-3, 99-29-5, 99-29-7, 99-29-9, 99-29-11 and 99-29-13,
which provide for vagrancy penalties and proceedings, are repealed.
SECTION 5. This act
shall take effect and be in force from and after July 1, 2018.
