Bill Text: MS HB705 | 2016 | Regular Session | Engrossed
Bill Title: Controlled substances; enhance penalty for illegal sale in proximity to drug rehab facility.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-03-30 - Died On Calendar [HB705 Detail]
Download: Mississippi-2016-HB705-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Drug Policy
By: Representatives Busby, Bennett
House Bill 705
(As Passed the House)
AN ACT TO AMEND SECTION 41-29-142, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ENHANCEMENT OF PENALTIES FOR THE SALE OF DRUGS WITHIN 1500 FEET OF A DRUG OR ALCOHOL TREATMENT OR REHABILITATION FACILITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-142, Mississippi Code of 1972, is amended as follows:
41-29-142. (1) Except as
provided in subsection (f) of Section 41-29-139 or in subsection (2) of this
section, any person who violates or conspires to violate Section 41-29-139(a)(1),
Mississippi Code of 1972, by selling, bartering, transferring, manufacturing,
distributing, dispensing or possessing with intent to sell, barter, transfer,
manufacture, distribute or dispense, a controlled substance, in or on, or
within one thousand five hundred (1,500) feet of, a building or outbuilding
which is all or part of * * *a public or private elementary, vocational or secondary school, or any
church, public park, ballpark, public gymnasium, youth center or movie theater
or within one thousand (1,000) feet of, the real property comprising such
public or private elementary, vocational or secondary school, or any church,
public park, ballpark, public gymnasium, youth center or movie theater
any facility protected under this section shall, upon conviction
thereof, be punished by the term of imprisonment or a fine, or both, of that
authorized by Section 41-29-139(b) and, in the discretion of the court, may be
punished by a term of imprisonment or a fine, or both, of up to twice that
authorized by Section 41-29-139(b).
(2) Except as otherwise
provided in subsection (f) of Section 41-29-139, any person who violates or
conspires to violate Section 41-29-139(a)(1), Mississippi Code of 1972, by
selling, bartering, transferring, manufacturing, distributing, dispensing or
possessing with intent to sell, barter, transfer, manufacture, distribute or
dispense, a controlled substance, in or on, or within one thousand five hundred
(1,500) feet of, a building or outbuilding which is all or part of * * * any facility protected under this section or
within one thousand (1,000) feet of, the real property comprising * * * a facility protected under this section after a
prior conviction under subsection (1) of this section has become final, shall,
upon conviction thereof, be punished by a term of imprisonment of not less than
three (3) years and not more than life, and in the discretion of the court, may
be punished by a term of imprisonment of up to three (3) times that authorized
by Section 41-29-139(b), for a first offense, or a fine of up to three (3)
times that authorized by Section 41-29-139(b), for a first offense, or both.
(3) For the purposes of this section, the term "facility protected under this section" means a public or private elementary, vocational or secondary school, or any church, public park, ballpark, public gymnasium, drug or alcohol treatment or rehabilitation facility, youth center or movie theater.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.