Bill Text: MS HB59 | 2018 | Regular Session | Engrossed
Bill Title: Offenders convicted of a crime of violence; strike reference that such offenders are eligible for parole.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2018-02-27 - Died In Committee [HB59 Detail]
Download: Mississippi-2018-HB59-Engrossed.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Corrections
By: Representatives Kinkade, Karriem, Dixon
House Bill 59
(As Passed the House)
AN ACT TO AMEND SECTION 97-3-2, MISSISSIPPI CODE OF 1972, TO STRIKE REFERENCE THAT OFFENDERS WHO ARE CONVICTED OF A CRIME OF VIOLENCE ARE ELIGIBLE FOR PAROLE; TO PROVIDE THAT AN INDIVIDUAL WHO HAS RECEIVED A CERTIFICATE OF REHABILITATION MAY HAVE HIS OR HER RECORD OF CONVICTION REMOVED UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-3-2, Mississippi Code of 1972, is amended as follows:
97-3-2. (1) The following shall be classified as crimes of violence:
(a) Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);
(b) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;
(c) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);
(d) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;
(e) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);
(f) Kidnapping as provided in Section 97-3-53;
(g) Human trafficking as provided in Section 97-3-54.1;
(h) Poisoning as provided in Section 97-3-61;
(i) Rape as provided in Sections 97-3-65 and 97-3-71;
(j) Robbery as provided in Sections 97-3-73 and 97-3-79;
(k) Sexual battery as provided in Section 97-3-95;
(l) Drive-by shooting or bombing as provided in Section 97-3-109;
(m) Carjacking as provided in Section 97-3-117;
(n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;
(o) Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;
(p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;
(q) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;
(r) Exploitation of a child as provided in Section 97-5-33;
(s) Gratification of lust as provided in Section 97-5-23; and
(t) Shooting into a dwelling as provided in Section 97-37-29.
(2) In any felony offense
with a maximum sentence of no less than five (5) years, upon conviction, the
judge may find and place in the sentencing order, on the record in open court,
that the offense, while not listed in subsection (1) of this section, shall be
classified as a crime of violence if the facts show that the defendant used
physical force, or made a credible attempt or threat of physical force against
another person as part of the criminal act. No person convicted of a crime of
violence listed in this section is eligible * * * for early release from the
custody of the Department of Corrections until the person has served at least
fifty percent (50%) of the sentence imposed by the court.
SECTION 2. The court in which an individual was convicted and where a certificate of rehabilitation has been issued for such individual convicted of a crime, other than a crime of violence, as prescribed under Section 97-3-2, the court may order that the record of previous conviction for the individual be removed if the court determines it is the interests of justice.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018, and shall stand repealed on June 30, 2018.
