Bill Text: MS SB2259 | 2013 | Regular Session | Introduced
Bill Title: Expunction; limit drug rehab alternative to only first-time offenders.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2259 Detail]
Download: Mississippi-2013-SB2259-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary, Division B
By: Senator(s) Tindell, Wiggins
Senate Bill 2259
AN ACT TO AMEND SECTION 41-29-150, MISSISSIPPI CODE OF 1972, TO RESTRICT TO ONLY FIRST-TIME OFFENDERS THE EXPUNCTION OF A PERSON'S RECORD CONCERNING THE SIMPLE POSSESSION OF A CONTROLLED SUBSTANCE OR PARAPHERNALIA BY THE MEANS OF A NONADJUDICATION AND DRUG REHABILITATION PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-29-150, Mississippi Code of 1972, is amended as follows:
41-29-150. (a) Any person convicted under Section 41-29-139 may be required, in the discretion of the court, as a part of the sentence otherwise imposed, or in lieu of imprisonment in cases of probation or suspension of sentence, to attend a course of instruction conducted by the bureau, the State Board of Health, or any similar agency, on the effects, medically, psychologically and socially, of the misuse of controlled substances. The course may be conducted at any correctional institution, detention center or hospital, or at any center or treatment facility established for the purpose of education and rehabilitation of those persons committed because of abuse of controlled substances.
(b) Any person convicted
under Section 41-29-139 who is found to be dependent upon or addicted to any
controlled substance shall be required, as a part of the sentence otherwise
imposed, or in lieu of imprisonment in cases of parole, probation or suspension
of sentence, to receive medical treatment for * * * the person's dependency or
addiction. The regimen of medical treatment may include confinement in a
medical facility of any correctional institution, detention center or hospital,
or at any center or facility established for treatment of those persons
committed because of a dependence or addiction to controlled substances.
(c) Those persons
previously convicted of a felony under Section 41-29-139 and who are now
confined at the Mississippi State Hospital at Whitfield, Mississippi, or at the
East Mississippi State Hospital at Meridian, Mississippi, for the term of their
sentence shall remain under the jurisdiction of the Mississippi Department of
Corrections and shall be required to abide by all reasonable rules and
regulations promulgated by the director and staff of said institutions and of
the Department of Corrections. Any persons so confined who shall refuse to
abide by * * *
the rules or who attempt an escape or who shall escape shall be
transferred to the * * * custody of the Department of Corrections or to a
county jail, where appropriate, to serve the remainder of the term of
imprisonment; this provision shall not preclude prosecution and conviction for unlawful
escape * * *.
(d) (1) If any person who
has not previously been convicted of violating Section 41-29-139, or the laws
of the United States or of another state relating to narcotic drugs, stimulant
or depressant substances, other controlled substances or marihuana is found to
be guilty of a violation of subsection (c) or (d) of Section 41-29-139, after
trial or upon a plea of guilty, the court may, without entering a judgment of * * * guilt and with the consent of * * * the person, defer further
proceedings and place him on probation upon * * * any reasonable conditions as it may
require and for * * *
a period, not to exceed three (3) years, as the court may prescribe.
Upon violation of a condition of the probation, the court may enter an
adjudication of guilt and proceed as otherwise provided. The court may, in its
discretion, dismiss the proceedings against * * * the person and discharge him from
probation before the expiration of the maximum period prescribed for * * * the person's probation. If,
during the period of his probation, * * * the person does not violate any of
the conditions of the probation, * * * upon expiration of * * * the period the court shall
discharge * * *
the person and dismiss the proceedings against him if the court finds
that the person has never been convicted of a felony, is not under indictment
for a felony, and has no other felony charges pending in any form.
Discharge and dismissal under this subsection shall be without court
adjudication of guilt, but a nonpublic record thereof shall be retained by the
bureau solely for the purpose of use by the courts in determining whether or
not, in subsequent proceedings, * * * the person qualifies under this
subsection. * * *
The discharge or dismissal shall not be deemed a conviction for purposes
of disqualifications or disabilities imposed by law upon conviction of a crime,
including the penalties prescribed under this article for second or subsequent
conviction, or for any other purpose. Discharge and dismissal under this
subsection may occur only once with respect to any person; and
(2) Upon the dismissal
of a person and discharge of proceedings against him under paragraph (1) of
this subsection, the person may apply to the court for an order to
expunge from all official records, other than the nonpublic records to be
retained by the bureau under paragraph (1) of this subsection, all recordation
relating to his arrest, indictment, trial, finding of guilt, and dismissal and
discharge pursuant to this section. If the court determines, after hearing,
that * * * the
person was * * *
discharged and the proceedings against him * * * dismissed, or that the person
had satisfactorily served his sentence or period of probation and parole, it
shall enter an order of expunction. The effect of the order shall be to
restore the person, in the contemplation of the law, to the status he occupied
before * * *
the arrest or indictment. No person as to whom such an order has been
entered shall be held thereafter under any provision of any law to be guilty of
perjury or otherwise giving a false statement by reason of his failures to
recite or acknowledge * * *
the arrest, indictment or trial in response to any inquiry made of him
for any purpose. A person as to whom an order has been entered, upon request,
shall be required to advise the court, in camera, of the previous conviction
and expunction in any legal proceeding wherein the person has been called as a
prospective juror. The court shall thereafter and before the selection of the
jury advise the attorneys representing the parties of the previous conviction
and expunction.
(e) Every person who has been or may hereafter be convicted of a felony offense under Section 41-29-139 and sentenced under Section 41-29-150(c) shall be under the jurisdiction of the Mississippi Department of Corrections.
(f) It shall be unlawful
for any person confined under the provisions of subsection (b) or (c) of this
section to escape or attempt to escape from * * * an institution, and, upon
conviction, * * *
the person shall be guilty of a felony and shall be imprisoned for a
term not to exceed two (2) years.
(g) It is the intent and
purpose of the Legislature to promote the rehabilitation of persons convicted
of * * *
a first offense under the Uniform Controlled Substances Law and who
have no other felony convictions or pending felony convictions.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.
