Bill Text: MS SB2211 | 2017 | Regular Session | Introduced
Bill Title: Escape from lawful custody; revise penalty.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-01-31 - Died In Committee [SB2211 Detail]
Download: Mississippi-2017-SB2211-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division B
By: Senator(s) Fillingane
Senate Bill 2211
AN ACT TO AMEND SECTIONS 97-9-45, 97-9-47 AND 97-9-49, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR ESCAPE FROM LAWFUL CONFINEMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-9-45, Mississippi Code of 1972, is amended as follows:
97-9-45. If any person
sentenced to the Mississippi Department of Corrections for any term shall
escape or attempt to escape from his particular unit or camp of confinement or
the boundaries of the Penitentiary as a whole, or shall escape or attempt to
escape from custody before confinement therein, he shall, upon conviction, be
punished by imprisonment in such prison for a term not exceeding * * * ten (10) years, to commence
from and after the expiration of the original term of his imprisonment as
extended in consequence of such escape or attempted escape.
Any convict who is entrusted to leave the boundaries of confinement by authorities of the Mississippi Department of Corrections or by the Governor, and who willfully fails to return within the stipulated time, or after the accomplishment of the purpose for which he was entrusted to leave, shall be an escapee and, upon conviction, shall be subject to the penalties provided under this section.
SECTION 2. Section 97-9-47, Mississippi Code of 1972, is amended as follows:
97-9-47. Every person
lawfully imprisoned in the * * * custody of the Department of
Corrections for any term less than life, who shall attempt, by force or
violence to any person, to escape from * * * prison, whether * * * the escape * * * is effected or not, shall, upon
conviction, be adjudged to imprisonment in the * * * custody of the Department of
Corrections for a term not less than * * * ten (10) years, to commence
after the termination of the imprisonment to which * * * the person shall have been
sentenced at the time of * * *such the escape attempt.
SECTION 3. Section 97-9-49, Mississippi Code of 1972, is amended as follows:
97-9-49. (1) (a) Whoever
escapes or attempts by force or violence to escape from any jail in which he is
confined, or from any custody under or by virtue of any process issued under
the laws of the State of Mississippi by any court or judge, or from the custody
of a sheriff or other peace officer pursuant to lawful arrest, shall, upon
conviction, if the confinement or custody is by virtue of an arrest on a charge
of felony, or conviction of a felony, be punished by imprisonment in the * * * custody of the Department of
Corrections not exceeding * * * ten (10) years to commence at
the expiration of his former sentence, or, if the confinement or custody is by
virtue of an arrest of or charge for or conviction of a misdemeanor, be punished
by imprisonment in the county jail not exceeding one (1) year to commence at
the expiration of the sentence which the court has imposed or which may be
imposed for the crime for which he is charged.
(b) Whoever escapes or attempts by force or violence to escape from any confinement for contempt of court, shall, upon conviction, be found guilty of a misdemeanor and sentenced to imprisonment not to exceed six (6) months in the county jail.
(2) Anyone confined in any jail who is entrusted by any authorized person to leave the jail for any purpose and who willfully fails to return to the jail within the stipulated time, or after the accomplishment of the purpose for which he was entrusted to leave, shall be an escapee and shall be subject to the penalties provided in subsection (1).
SECTION 4. This act shall take effect and be in force from and after July 1, 2017.
