Bill Text: MS HB783 | 2016 | Regular Session | Engrossed
Bill Title: Habitual nonviolent offenders; revise sentencing guidelines.
Sponsorship: Bipartisan Bill
Status: (Failed) 2016-03-22 - Died In Committee [HB783 Detail]
Download: Mississippi-2016-HB783-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary B
By: Representatives Gipson, Sykes
House Bill 783
(As Passed the House)
AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, TO REVISE THE SENTENCING GUIDELINES FOR HABITUAL NONVIOLENT OFFENDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-19-81, Mississippi Code of 1972, is amended as follows:
99-19-81. * * * (a) Except as otherwise provided in
this section, each person convicted in this state of a felony who shall
have been convicted twice previously of any felony or federal crime upon charges
separately brought and arising out of separate incidents at different times and
who shall have been sentenced to separate terms of one (1) year or more in any
state and/or federal penal institution, whether in this state or elsewhere,
shall be sentenced by the court to the maximum term of imprisonment
prescribed for such felony, and such sentence shall not be reduced or suspended
nor shall such person be eligible for parole or probation.
(b) Upon agreement of the prosecuting attorney, the defendant and defense counsel, the court may sentence such person to a number of years less than the maximum prescribed for such felony and/or may suspend the execution of any part of such sentence in excess of one (1) year and place such person on post-release supervision as otherwise provided by law for a period not to exceed ten (10) years. Such sentence shall be served day-for-day as to any portion the execution of which is not suspended. An indictment or amendment thereto charging that a person is a violent habitual criminal pursuant to the provisions of Section 99-19-83, Mississippi Code of 1972, shall be sufficient to also charge said person as a nonviolent habitual offender as provided hereinabove without the necessity of further amendment or re-indictment.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
