Bill Text: MS HB948 | 2017 | Regular Session | Introduced

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Bill Title: Drug enhancements; revise penalties.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2017-01-31 - Died In Committee [HB948 Detail]

Download: Mississippi-2017-HB948-Introduced.html

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MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Drug Policy; Judiciary B

By: Representative Horan

House Bill 948

AN ACT TO AMEND SECTION 41-29-142, MISSISSIPPI CODE OF 1972, TO REVISE DRUG OFFENSE ENHANCEMENTS; TO REPEAL SECTION 41-29-147, MISSISSIPPI CODE OF 1972, WHICH PROVIDES SENTENCING ENHANCEMENTS ON SECOND DRUG OFFENSE CONVICTIONS; 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, while knowingly in or on, or within * * *one thousand five hundred (1,500) five hundred (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 at a time when person under eighteen (18) years of age are reasonably expected to be present 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 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 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. Subsection (1) does not apply to an offense if: (a) the offense was committed inside a private residence; and (b) no person under eighteen (18) years of age was present in the private residence at the time the offense was committed.

     SECTION 2.  Section 41-29-147, Mississippi Code of 1972, which provides sentencing enhancements on second drug offense convictions, is repealed.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2017.

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