Bill Text: MS SB2045 | 2012 | Regular Session | Engrossed

Mississippi Senate Bill 2045 (Prior Session Legislation)

MS State Legislature page for SB2045

Bill Title: Controlled substances; enhance penalty for illegal sale in proximity to drug rehab facility.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Failed) 2012-04-03 - Died In Committee [SB2045 Detail]

Download: Mississippi-2012-SB2045-Engrossed.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Drug Policy

By: Senator(s) Watson, Chassaniol, Gandy, Jackson (15th), Jackson (11th)

Senate Bill 2045

(As Passed the Senate)

AN ACT TO AMEND SECTION 41-29-142, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR ENHANCEMENT OF PENALTIES FOR THE SALE OF DRUGS WITHIN 1500 FEET OF A DRUG OR ALCOHOL TREATMENT OR REHABILITATION FACILITY; 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, 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, drug or alcohol treatment or rehabilitation facility, 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, drug or alcohol treatment or rehabilitation facility, youth center or movie theater 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, drug or alcohol treatment or rehabilitation facility, 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, drug or alcohol treatment or rehabilitation facility, 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.