Bill Text: MS SB2238 | 2021 | Regular Session | Introduced


Bill Title: Habitual offender; revise.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-01-11 - Referred To Judiciary, Division B [SB2238 Detail]

Download: Mississippi-2021-SB2238-Introduced.html

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Judiciary, Division B

By: Senator(s) Simmons (12th)

Senate Bill 2238

AN ACT TO AMEND SECTIONS 99-19-81 AND 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPUTATION OF PRIOR CONVICTIONS FOR PURPOSES OF DETERMINING AN OFFENDER'S STATUS AS AN HABITUAL OFFENDER; 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.  Every 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 to the maximum term of imprisonment prescribed for such felony unless the court provides an explanation in its sentencing order setting forth the cause for deviating from the maximum sentence, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.  If more than ten (10) years have elapsed between the date of the commission of the current offense or offenses and the expiration of correctional supervision or, if the person is not placed on supervision following imprisonment at the expiration of the term of imprisonment, the convictions shall not be counted as previous convictions under this section.

     SECTION 2.  Section 99-19-83, Mississippi Code of 1972, is amended as follows:

     99-19-83.  Every 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 and served separate terms of one (1) year or more, whether served concurrently or not, in any state and/or federal penal institution, whether in this state or elsewhere, and where any one (1) of such felonies shall have been a crime of violence, as defined by Section 97-3-2, shall be sentenced to life imprisonment, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole, probation or any other form of early release from actual physical custody within the Department of Corrections.  If more than ten (10) years have elapsed between the date of the commission of the current offense or offenses and the expiration of correctional supervision or, if the person is not placed on supervision following imprisonment, at the expiration of the term of imprisonment, the convictions shall not be counted as previous convictions under this section.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2021.


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