Bill Text: MS HB1308 | 2010 | Regular Session | Introduced
Bill Title: Intensive supervision program; authorize courts to use for any crime except murder, armed robbery or rape.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB1308 Detail]
Download: Mississippi-2010-HB1308-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Corrections; Judiciary A
By: Representative Blackmon
House Bill 1308
AN ACT TO AUTHORIZE COURTS TO SENTENCE OFFENDERS WHO HAVE COMMITTED CRIMES OTHER THAN MURDER, ARMED ROBBERY OR RAPE, BUT NOT INCLUDING STATUTORY RAPE, TO SERVE THEIR SENTENCES UNDER THE INTENSIVE SUPERVISION PROGRAM OF THE DEPARTMENT OF CORRECTIONS, AS LONG AS SUCH SENTENCES DO NOT EXCEED THE MAXIMUM PUNISHMENT AUTHORIZED BY LAW; TO AMEND SECTION 47-5-1003, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT OFFENDERS BE LOW RISK AND NONVIOLENT IN ORDER TO PARTICIPATE IN THE PROGRAM; TO AMEND SECTIONS 5-8-21, 19-23-11, 21-33-317, 23-15-93, 23-15-627, 23-15-753,25-1-69, 25-5-37, 25-11-131, 25-31-29, 27-7-87, 27-9-57, 27-13-61, 27-67-7, 27-69-47, 27-71-17, 27-71-313, 27-105-27, 27-105-345, 27-109-13, 33-7-309, 37-59-29, 41-23-2, 41-29-139, 41-29-533, 41-41-73, 41-41-77, 43-47-19, 45-13-15, 45-13-105, 45-13-109, 45-27-7, 45-33-33, 47-5-195, 59-7-121, 59-23-7, 63-11-30, 67-1-9, 67-1-10, 69-19-15,69-23-29, 69-23-135, 69-29-2, 69-29-3, 69-29-9, 69-29-15, 73-27-17, 75-73-9, 75-75-117, 75-76-311, 77-1-11, 81-1-101, 81-5-33, 81-27-6.206, 81-27-6.207, 83-6-35, 87-1-23, 97-1-5, 97-1-7, 97-3-1, 97-3-3, 97-3-4, 97-3-7, 97-3-13, 97-3-15, 97-3-25, 97-3-49, 97-3-51, 97-3-59, 97-3-61, 97-3-63, 97-3-75, 97-3-91, 97-3-101, 97-3-107, 97-5-1, 97-5-5, 97-5-41, 97-5-42, 97-7-11, 97-7-13, 97-7-33, 97-7-35, 97-7-37, 97-7-42, 97-7-45, 97-7-49, 97-7-51, 97-7-53, 97-7-55, 97-7-57, 97-7-65, 97-7-67, 97-7-71, 97-9-3, 97-9-5, 97-9-7, 97-9-13, 97-9-27, 97-9-29, 97-9-35, 97-9-41, 97-9-47, 97-9-49, 97-9-55, 97-9-61, 97-9-63, 97-9-65, 97-9-77, 97-11-1, 97-11-11, 97-11-13, 97-11-27, 97-11-53, 97-13-1, 97-13-9, 97-13-19, 97-13-23, 97-13-25, 97-13-27, 97-13-29, 97-13-36, 97-13-39, 97-15-3, 97-15-5, 97-15-25, 97-17-1, 97-17-3, 97-17-5, 97-17-7, 97-17-9, 97-17-11, 97-17-13, 97-17-25, 97-17-29, 97-17-33, 97-17-35, 97-17-37, 97-17-39, 97-17-41, 97-17-42, 97-17-51, 97-17-59, 97-17-64, 97-17-65, 97-17-67, 97-17-77, 97-17-95, 97-19-21, 97-19-33, 97-19-39, 97-19-41, 97-19-45, 97-19-47, 97-19-53, 97-19-67, 97-19-71, 97-21-33, 97-23-25, 97-23-39, 97-23-41, 97-23-43, 97-23-87, 97-23-89, 97-25-1, 97-25-9, 97-25-13, 97-25-17, 97-25-19, 97-25-37, 97-25-53, 97-25-55, 97-27-11, 97-27-12, 97-27-15, 97-29-5, 97-29-9, 97-29-13, 97-29-17, 97-29-19, 97-29-23, 97-29-27, 97-29-29, 97-29-45, 97-29-55, 97-29-59, 97-29-61, 97-31-21, 97-31-23, 97-31-27, 97-33-7, 97-33-23, 97-33-31, 97-35-7, 97-37-23, 97-37-25, 97-37-29, 97-37-31, 97-41-17, 97-41-19, 99-19-15 AND 99-19-32, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any court is authorized to sentence a convicted offender who has committed a crime, except for murder, armed robbery or rape, but excluding statutory rape, to the intensive supervision program of the Department of Corrections, in lieu of sentencing the offender to a state facility as long as the sentence to the intensive supervision program does not exceed the maximum time allowed for punishment of the crime as authorized by law.
SECTION 2. Section 47-5-1003, Mississippi Code of 1972, is amended as follows:
47-5-1003. (1) An intensive supervision program may be used as an alternative to incarceration for offenders who are * * * selected by the department or court * * *.
* * *
(2) To protect and to ensure the safety of the state's citizens, any offender who violates an order or condition of the intensive supervision program may be arrested by the correctional field officer and placed in the actual custody of the Department of Corrections. Such offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification hearing officer.
(3) When any circuit or county court places an offender in an intensive supervision program, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender in an intensive supervision program. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender in an intensive supervision program.
The courts may not require an offender to participate in the intensive supervision program during a term of probation or post-release supervision.
(4) The Department of Corrections shall submit a report to the chairperson of the House Corrections Committee and the chairperson of the Senate Corrections Committee on the effectiveness of the intensive supervision program before January 1, 2010.
SECTION 3. Section 5-8-21, Mississippi Code of 1972, is amended as follows:
5-8-21. Any person who, with intent, violates any of the provisions of this chapter whether acting either individually or as an officer, agent, employee, or counsel of a person, firm, corporation or association, or any person whether acting individually or as the officer, employee, agent or counsel of a firm, corporation or association, who, with intent, causes or participates, either directly or indirectly, in any violation of the provisions of this chapter shall upon conviction for the first offense be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than six (6) months or both and upon conviction for a second or any subsequent offense be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the State Penitentiary, or sentenced to the intensive supervision program of the Department of Corrections, in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than three (3) years, or both. Any association or corporation which, with intent, violates, or causes or participates, either directly or indirectly, in any violation of any of the provisions of this chapter shall, for each offense, upon conviction, be fined not more than Five Thousand Dollars ($5,000.00). The prosecution or conviction of one or more of the officers or employees of such corporation or association shall not be a bar to the prosecution and conviction of the corporation or association for such offense.
SECTION 4. Section 19-23-11, Mississippi Code of 1972, is amended as follows:
19-23-11. (1) The county prosecuting attorney shall appear and represent the state in all investigations for felony before the various justice court judges in his county. He shall also appear before justice court judges and prosecute all cases against persons charged with offenses therein. The county prosecuting attorney shall be the prosecuting attorney for the county court and shall prosecute all state criminal cases therein, and he shall represent the state in criminal cases appealed from the county court to the circuit court.
(2) The county prosecuting attorney may assist the district attorney in all criminal cases and in all civil cases where the services of the district attorney are required in which the state, his county or any municipality of his county is interested.
(3) The county prosecuting attorney may present any matter to the grand jury of his county.
(4) The county prosecuting attorney shall have full responsibility for all misdemeanors, youth court proceedings, and all other cases not specifically granted to the district attorney. Provided, however, that in any municipality having a municipal youth court, the municipal prosecutor shall have responsibility for youth court matters in that court.
Where any statute of this state confers a jurisdiction, responsibility, duty, privilege or power upon a county attorney or county prosecuting attorney, either solely, jointly or alternatively with a district attorney, such county prosecuting attorney shall be responsible for the prosecution, handling, appearance, disposition or other duty conferred by such statute. Any such provision shall not be construed to bestow such responsibility, jurisdiction or power upon the district attorney where there is no elected county prosecuting attorney, and any such matter shall be handled pursuant to subsection (8) of this section.
(5) In any case handled by the county prosecuting attorney pursuant to this section which subsequently results in charges being modified in such a manner that the case would be within the jurisdiction of the district attorney pursuant to Section 25-31-11, the responsibility for prosecution shall be transferred to the district attorney. The county prosecuting attorney shall report to the district attorney the disposition of all affidavits, crimes, occurrences or arrests handled by him wherein any person is charged with a crime for which a conviction may result in imprisonment in the State Penitentiary or participation in the intensive supervision program of the Department of Corrections, in lieu of imprisonment in the Penitentiary, as authorized under Section 1 of this act.
(6) The validity of any judgment or sentence shall not be affected by the division of jurisdiction under this section, and no judgment or sentence may be reversed or modified upon the basis that the case was not processed according to subsection (5) of this section.
(7) A county prosecuting attorney may be designated by the district attorney to appear on behalf of the district attorney pursuant to an agreement relating to appearances in certain courts or proceedings in the county of the county prosecuting attorney. Such agreement shall be filed with the circuit court clerk of any county where such agreement shall be operative. Such agreement shall be binding upon the district attorney and county prosecuting attorney or municipal prosecuting attorney until dissolved by either of them in writing upon five (5) days' notice.
(8) In the event that there is no elected county prosecuting attorney serving in a county, the prosecution of such cases shall be handled by a county attorney employed by the board of supervisors of such county pursuant to Section 19-3-49.
SECTION 5. Section 21-33-317, Mississippi Code of 1972, is amended as follows:
21-33-317. The proceeds of any bonds issued by a municipality shall be placed in the municipal treasury or depository, if there be one, as a special fund, and shall be used for no other purpose than that for which such bonds were authorized to be issued. If the governing authorities of such municipality, or any member thereof, or any other officer, shall willfully divert, or aid or assist in diverting any such fund, or any part thereof, to any purpose other than that for which such bonds were authorized to be issued, then such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the State Penitentiary, or sentenced to the intensive supervision of the Department of Corrections, in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding five (5) years and, in addition, he shall be liable personally and on his official bond for the amount so diverted. Any member of such governing authorities may escape the penalty provided for above by requesting and having his vote recorded in the negative on any illegal diversion of the proceeds of such bonds.
SECTION 6. Section 23-15-93, Mississippi Code of 1972, is amended as follows:
23-15-93. If any registrar or commissioner of elections shall refuse or neglect to perform any of the duties imposed upon him by this chapter regarding the registration of electors, or shall knowingly permit any person to sign a false affidavit or otherwise knowingly permit any person to violate any provision of this chapter regarding the registration of electors, or shall violate any of the provisions of this chapter regarding the registration of electors, or if any officer taking the affidavits as provided in this chapter regarding registration of electors shall make any false statement in his certificate thereto attached, he shall be deemed guilty of a crime and shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment in the Penitentiary not exceeding one (1) year or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, and shall be removed from office.
SECTION 7. Section 23-15-627, Mississippi Code of 1972, is amended as follows:
23-15-627. The registrar shall be responsible for furnishing an absentee ballot application form to any elector authorized to receive an absentee ballot. Except as otherwise provided in Section 23-15-625, absentee ballot applications shall be furnished to a person only upon the oral or written request of the elector who seeks to vote by absentee ballot; however, the parent, child, spouse, sibling, legal guardian, those empowered with a power of attorney for that elector's affairs or agent of the elector, who is designated in writing and witnessed by a resident of this state who shall write his or her physical address on such designation, may orally request an absentee ballot application on behalf of the elector. The written designation shall be valid for one (1) year after the date of the designation. An absentee ballot application must have the seal of the circuit or municipal clerk affixed to it and be initialed by the registrar or his deputy in order to be utilized to obtain an absentee ballot. A reproduction of an absentee ballot application shall not be valid unless it is a reproduction provided by the office of the registrar of the jurisdiction in which the election is being held and which contains the seal and initials required by this section. Such application shall be substantially in the following form:
"OFFICIAL APPLICATION FOR ABSENT ELECTOR'S BALLOT
I, _____, duly qualified and registered in the ___ Precinct of the County of _____, and State of Mississippi, coming within the purview of the definition 'ABSENT ELECTOR' will be absent from the county of my residence on election day, or unable to vote in person because (check appropriate reason):
( ) (PRESIDENTIAL APPLICANT ONLY:) I am currently a resident of Mississippi or have moved therefrom within thirty (30) days of the coming presidential election.
( ) I am an enlisted or commissioned member, male or female, of any component of the United States Armed Forces and am a citizen of Mississippi, or spouse or dependent of such member.
( ) I am a member of the Merchant Marine or the American Red Cross and am a citizen of Mississippi or spouse or dependent of such member.
( ) I am a disabled war veteran who is a patient in any hospital and am a citizen of Mississippi or spouse or dependent of such veteran.
( ) I am a civilian attached to and serving outside of the United States with any branch of the Armed Forces or with the Merchant Marine or American Red Cross, and am a citizen of Mississippi or spouse or dependent of such civilian.
( ) I am a citizen of Mississippi temporarily residing outside the territorial limits of the United States and the District of Columbia.
( ) I am a student, teacher or administrator at a college, university, junior or community college, high, junior high, elementary or grade school, whose studies or employment at such institution necessitates my absence from the county of my voting residence or spouse or dependent of such student, teacher or administrator who maintains a common domicile outside the county of my voting residence with such student, teacher or administrator.
( ) I will be outside the county on election day.
( ) I have a temporary or permanent physical disability.
( ) I am sixty-five (65) years of age or older.
( ) I am the parent, spouse or dependent of a person with a temporary or permanent physical disability who is hospitalized outside his county of residence or more than fifty (50) miles away from his residence, and I will be with such person on election day.
( ) I am a member of the congressional delegation, or spouse or dependent of a member of the congressional delegation.
( ) I am required to be at work on election day during the times which the polls will be open.
I hereby make application for an official ballot, or ballots, to be voted by me at the election to be held in _____, on _____.
Mail 'Absent Elector's Ballot' to me at the following address ____________ (if eligible to vote by mail).
I realize that I can be fined up to Five Thousand Dollars ($5,000.00) and sentenced up to five (5) years in the State Penitentiary, or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for making a false statement in this application and for selling my vote and violating the Mississippi Absentee Voter Law. (This sentence is to be in bold print.)
If you are temporarily or permanently disabled, you are not required to have this application notarized or signed by an official authorized to administer oaths for absentee balloting. You are required to sign this application in the proper place and have a person eighteen (18) years of age or older witness your signature and sign this application in the proper place.
DO NOT SIGN WITHOUT READING. (This sentence is to be in bold print.)
IN WITNESS WHEREOF I have hereunto set my hand and seal this the ____ day of ______, 2___.
_________________________________
(Signature of absent elector)
SWORN TO AND SUBSCRIBED before me this the ___ day of ____, 2___.
_________________________________
(Official authorized to administer oaths for absentee balloting.)
TO BE SIGNED BY WITNESS FOR VOTERS TEMPORARILY OR PERMANENTLY DISABLED:
I HEREBY CERTIFY that this application for an absent elector's ballot was signed by the above-named disabled elector in my presence and that I am at least eighteen (18) years of age, this the _____ day of ____________________, 2___.
_________________________________
(Signature of witness)
CERTIFICATE OF DELIVERY
I hereby certify that _________________ (print name of voter) has requested that I, __________________ (print name of person delivering application), deliver to the voter this absentee ballot application.
__________________________________________
(Signature of person delivering application)
__________________________________________
(Address of person delivering application)"
SECTION 8. Section 23-15-753, Mississippi Code of 1972, is amended as follows:
23-15-753. (1) Any person who willfully, unlawfully and feloniously procures, seeks to procure, or seeks to influence the vote of any person voting by absentee ballot, by the payment of money, the promise of payment of money, or by the delivery of any other item of value or promise to give the voter any item of value, or by promising or giving the voter any favor or reward in an effort to influence his vote, or any person who aids, abets, assists, encourages, helps, or causes any person voting an absentee ballot to violate any provision of law pertaining to absentee voting, or any person who sells his vote for money, favor, or reward, has been paid or promised money, a reward, a favor or favors, or any other item of value, or any person who shall willfully swear falsely to any affidavit provided for in Sections 23-15-621 through 23-15-735, shall be guilty of the crime of "vote fraud" and, upon conviction, shall be sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for no more than one (1) year, or by both fine and imprisonment, or by being sentenced to the State Penitentiary for not less than one (1) year nor more than five (5) years, or by being sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
(2) It shall be unlawful for any person who pays or compensates another person for assisting voters in marking their absentee ballots to base the pay or compensation on the number of absentee voters assisted or the number of absentee ballots cast by persons who have received the assistance. Any person who violates this section, upon conviction shall, be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or imprisoned in the Penitentiary not less than one (1) year nor more than five (5) years, or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or both.
SECTION 9. Section 25-1-69, Mississippi Code of 1972, is amended as follows:
25-1-69. It shall be unlawful for any officer of this state, or for any officer of any county or any levee board in this state, to deposit, carry, send, or to permit to be deposited, carried, or sent to any point beyond the confines of this state any part of any fund, money, bonds, or securities of any kind whatever belonging to the State of Mississippi, or to any county or subdivision of any county within this state, which may have come into his possession or custody by virtue of his office, unless paid out by due and legal authority. Any state or county officer violating the provisions of this section shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) and not more than One Thousand Dollars ($1,000.00), or be imprisoned in the State Penitentiary for a term not exceeding five (5) years, or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or both, at the discretion of the court.
SECTION 10. Section 25-5-37, Mississippi Code of 1972, is amended as follows:
25-5-37. (1) Any person who signs any removal petition with any name other than his own, or who knowingly signs his name more than once to such petition, or who knowingly signs such petition when he is not a qualified elector shall be guilty of a felony and, upon conviction, may be punished as such for a term in the State Penitentiary not to exceed five (5) years or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
(2) Any person who knowingly executes any affidavit required by Sections 25-5-3 through 25-5-37 knowing the same to be false, or who issues any certificate required by the same knowing it to be false, or who makes any statement of any kind required by said sections to be under oath, either in writing or orally, knowing the same to be false shall be guilty of perjury and, upon conviction, may be punished by imprisonment in the State Penitentiary for a term not to exceed ten (10) years.
(3) It shall be a felony for any officer sought to be removed under the provisions of the aforesaid sections to attempt by force, threats, bribery, or intimidation to hinder or interfere with the free circulation or signing of any removal petition and, upon conviction thereof, he shall be punished by imprisonment in the State Penitentiary for not less than one (1) year nor more than five (5) years or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
(4) Any person in the possession of a removal petition who either willfully suppresses, neglects, or fails to cause same to be filed with the county registrar shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not to exceed six (6) months or by fine not to exceed Five Hundred Dollars ($500.00), or by both such fine and imprisonment.
SECTION 11. Section 25-11-131, Mississippi Code of 1972, is amended as follows:
25-11-131. (1) Any person or corporation who shall receive and retain any payment, after the death of a member or after the death of the beneficiary of any member, which amount is not lawfully due, shall be liable for the repayment of such amount to the retirement system plus interest thereon at ten percent (10%) per annum plus all costs of collection. Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud such system as a result of such act shall be guilty of a misdemeanor if the amount obtained or attempted to be obtained does not exceed the amount of Five Hundred Dollars ($500.00), and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment in the county jail not exceeding six (6) months, or both; if such amount obtained or attempted to be obtained shall exceed the sum of Five Hundred Dollars ($500.00), such person or persons shall be guilty of a felony and, on conviction thereof by any court of competent jurisdiction, shall be punished by a fine not exceeding Ten Thousand Dollars ($10,000.00) or by imprisonment in the State Penitentiary not exceeding five (5) years, or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or both.
(2) Should any change or error in the records result in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the board of trustees shall correct such error upon detection, regardless of the length of time between the reporting error or the time payment started and the time the board became aware of the error, and, as far as practicable, adjust the payment in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. This responsibility is, and has been, the duty of the board since the creation of the retirement system.
SECTION 12. Section 25-31-29, Mississippi Code of 1972, is amended as follows:
25-31-29. The district attorneys of the several circuit court districts in the State of Mississippi shall furnish the Superintendent of the Mississippi State Penitentiary and the Probation and Parole Board, within fifteen (15) days after adjournment of each term of court, a written report on each person sentenced by the court for a term in the State Penitentiary or intensive supervision in lieu of the Penitentiary as authorized under Section 1 of this act, showing therein a summary of facts of the case for which he is serving sentence, pertinent circumstances of his life, the antecedents of the violation of the law because of which he has been committed to the Penitentiary or sentenced to the intensive supervision program, and his prior training and employment as available to the district attorney at the time of conviction, including prior convictions, results of mental examinations, and conditions under which arrest was made.
SECTION 13. Section 27-7-87, Mississippi Code of 1972, is amended as follows:
27-7-87. (1) Any person making the returns and reports required by this article, who shall knowingly declare or swear falsely, shall be guilty of perjury, and, upon conviction, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding ten (10) years.
(2) If any individual, corporation, partnership or fiduciary, or any officer, employee, or representative thereof, or member of a partnership, required to pay any tax, make any return, or supply any information or exhibit any books, or records, when requested to do so by the commissioner, or any agent designated by the commissioner, whether with reference to their own returns or not, willfully refuses to do so, the same shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or be imprisoned not more than six (6) months, or both. Failure by any of the previously mentioned entities to supply information pursuant to a written request within a reasonable amount of time may subject the entity to a civil penalty of Five Hundred Dollars ($500.00) per each written request.
(3) Any person violating the provisions of Section 27-7-83 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not exceeding One Thousand Dollars ($1,000.00), or by imprisonment not exceeding one (1) year, or both, at the discretion of the court, and if the offender be an officer or employee of the state, he shall be dismissed from office and be incapable of holding any public office in this state for a period of five (5) years thereafter.
(4) (a) Any preparer who is grossly negligent in the preparation of a tax return shall be liable for a penalty of Five Hundred Dollars ($500.00) for each return so prepared. Every paid preparer must legibly sign each return prepared and must also furnish his federal employer identification number or preparer tax identification number issued by the Internal Revenue Service.
(b) For purposes of this subsection, the term "grossly negligent" shall include, but not be limited to:
(i) Frequent submission of returns reflecting a tax liability that is understated by twenty-five percent (25%) or greater.
(ii) Continued submission of returns containing errors affecting the calculation of tax after being notified of these types of errors by the commission.
(iii) Submission of returns claiming a position that is not reasonably sustainable by the commission or an appropriate appellate court.
(iv) Continued submission of returns reporting deductions, exemptions or other reductions to income that cannot be documented to support the return.
(c) If any person is found to be engaging in the activity of preparing tax returns for others after being penalized as provided for in this subsection, it shall be the duty of the commissioner to proceed to seek an injunction to prevent the person from continuing the preparation of returns.
(5) Any individual, corporation or other entity who fails to file a return, or fails to file a complete return, within the prescribed time including extensions and after a written request therefor from the Tax Commission may be subject to a penalty. The penalty is Twenty-five Dollars ($25.00) per incomplete or omitted attachment or schedule. The maximum penalty per return is Five Hundred Dollars ($500.00). The required schedules or attachments are to be specified by the commissioner in the Income Tax Regulations or the instructions with the tax forms.
SECTION 14. Section 27-9-57, Mississippi Code of 1972, is amended as follows:
27-9-57. (1) Any person making the affidavit required by this chapter who shall knowingly swear falsely shall be guilty of perjury and, upon conviction, shall be punished by imprisonment in the State Penitentiary, or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding ten (10) years.
(2) If any executor, corporation, or fiduciary, or any officer or employee of such, required under this chapter to pay any tax, shall willfully refuse to make any return, or supply any information or exhibit any books or records, when requested to do so by the commissioner or any agent designated by the commissioner, whether with reference to their own returns or not, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment for not more than one (1) year, or both.
(3) Any person violating the provisions of Section 27-9-55 shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding one (1) year, or both, at the discretion of the court, and if the offender be an officer or employee of the state he shall be dismissed from office and be incapable of holding any public office in this state for a period of five (5) years thereafter.
SECTION 15. Section 27-13-61, Mississippi Code of 1972, is amended as follows:
27-13-61. Any person who knowingly makes or presents or aids, or assists in the preparation or presentation of a false or fraudulent report, return, affidavit or document authorized or required by this chapter to be filed with the commissioner or who knowingly procures, counsels, or advises the preparation or presentation of such false or fraudulent report, return or affidavit, or document, or who knowingly changes, alters, or amends, or knowingly procures, counsels or advises such change, alteration or amendment of the books of any organization liable under this chapter to file a return, affidavit or pay a tax, with intent to defraud the State of Mississippi, shall be guilty of a felony and, upon conviction thereof, shall be fined not more than One Thousand Dollars ($1,000.00), or imprisoned in the Penitentiary, or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than five (5) years, or both.
SECTION 16. Section 27-67-7, Mississippi Code of 1972, is amended as follows:
27-67-7. The tax levied by this article shall not be collected in the following instances:
(a) On the use, storage or consumption of any tangible personal property or specified digital products if the sale thereof has already been included in the measure of this tax or the tax imposed by Section 27-65-20 or Section 27-65-17, 27-65-19, 27-65-25 or 27-65-26, or has already been included in the measure of a sales tax imposed by another state in which the property or products were sold or use tax imposed by some other state in which the property was used. If the rate of sales or use tax paid another state by the person using the property or products in Mississippi is not equal to or greater than the rate imposed by this article, then the user or purchaser shall apply the difference in these rates to the purchase price or value of the property or products and pay to the commissioner the amount of tax thus computed. Persons using business property or products in this state which has been used by them in other states shall be entitled to a credit for sales and/or use tax paid to other states equal to the aggregate of all such state rates multiplied by the value of the property or products at the time of importation into this state. Persons using business property or products in this state which were acquired from another person who used it in other states shall be entitled to a credit equal to the applicable rate in the state of last prior use multiplied by the value of the property or products at the time of importation into this state. However, credit for use tax paid to another state shall not apply on the purchase price of tangible personal property or specified digital products that have been only stored or warehoused in the other state and the first use of the property or products occurs in Mississippi. Provided further, that credit for sales or use tax paid to another state shall not apply on the purchase price or value of automobiles, trucks, truck-tractors, semitrailers, trailers, boats, travel trailers, motorcycles and all-terrain cycles imported and first used in Mississippi.
Credit for sales or use tax paid to another state as provided in this paragraph (a) shall be evidenced by an invoice clearly and correctly showing the amount of the tax as a separate item, and no credit shall be allowed otherwise.
(b) On the use, storage or consumption of tangible personal property or specified digital products to the extent that sales of similar property or products in Mississippi are either excluded or specifically exempt from sales tax or are taxed at the wholesale rate.
This exemption shall be confined to the use of property or products the sale of which is an itemized exemption in the Mississippi Sales Tax Law, or to use by persons who are listed in the Mississippi Sales Tax Law as being exempt from sales tax.
(c) On the use, storage or consumption of tangible personal property or specified digital products brought into this state by a nonresident for his or her use or enjoyment while temporarily within the state, but not including tangible personal property or specified digital products brought in for use in connection with a business activity. This exemption shall not apply to property or products which remain situated in this state for the repeated use, storage or consumption by out-of-state visitors, or which is acquired by visitors and first used in this state.
(d) On the use of a motor vehicle for which a registration is required by the motor vehicle law, when such motor vehicle was purchased by a natural person for his personal or family use while such person was a bona fide resident of another state and who thereafter became a resident of this state, but not to include a motor vehicle which is transferred by the owner for commercial use or for use by another person within this state.
(e) On the use of personal and household effects by a natural person acquired while the person was a bona fide resident of another state, and who thereafter became a resident of this state.
(f) On the use or rental of motion picture film, video-audio tapes, phonograph records or specified digital products for exhibition either by a person paying Mississippi sales tax on gross income from admissions for the exhibitions or by a person operating a television or radio broadcasting station.
(g) On any vehicle purchased in another state for use outside of this state by a Mississippi citizen serving in the Armed Forces and stationed in another state who elects to license the vehicle in Mississippi.
(h) On the cost or value and on the use, storage and consumption of rail rolling stock and component parts thereof.
(i) On the use, storage or consumption of literature, video tapes, photographic slides or specified digital products used by religious institutions for the propagation of their creeds or for carrying on their customary nonprofit religious activities, and on the use of any tangible personal property or specified digital products purchased and first used in another state by religious institutions for the propagation of their creeds or for carrying on their customary nonprofit religious activities. "Religious institution," for the purpose of this exemption, means any religious institution granted an exemption under 26 USCS Section 501(c)(3). Any exemption under this paragraph obtained by fraud, misstatement or misrepresentation shall be cancelled by the State Tax Commission, and the person committing the fraud, misstatement or misrepresentation shall be liable for prosecution for fraud on the assessment, and, on conviction, shall be fined not less than One Thousand Dollars ($1,000.00), or punished by imprisonment in the State Penitentiary, or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed five (5) years, or both, within the discretion of the court.
(j) The tax on the cost or value of farm machinery used in the harvesting of agricultural products shall be limited to the ratio of use within this state to the life of the property.
(k) [Repealed]
(l) On the use of machinery and equipment; special tooling such as dies, molds, jigs and similar items treated as special tooling for federal income tax purposes; or repair parts therefor or replacements thereof; or repair services thereon; by a taxpayer other than the manufacturer when the manufacturer still holds title to the items and the items are purchased by the manufacturer as a part of a project as defined in Section 57-75-5(f)(iv)1, Section 57-75-5(f)(xxi) or Section 57-75-5(f)(xxii).
(m) On the use, storage or consumption of utilities purchased by a manufacturer described in Section 27-65-101(x).
(n) On the use, storage or consumption of utilities purchased by an enterprise described in Section 27-65-101(cc).
(o) On the use, storage or consumption of jet aircraft engines that are temporarily located within the State of Mississippi and are brought into the state for research and/or testing purposes at a jet aircraft engine research and testing facility.
SECTION 17. Section 27-69-47, Mississippi Code of 1972, is amended as follows:
27-69-47. Whoever willfully washes, removes, or otherwise prepares for use stamps, provided for in this chapter, with intent to use, or cause the same to be used, after it has already been used, or who knowingly or willfully buys or offers for sale, or gives away, any such stamps to any person for use, or knowingly uses the same, or has in his possession any such washed, restored or altered stamp which has been removed from the cigarette package to which it has been previously affixed, or whoever, for the purpose of evading any tax hereunder, uses any stamp which has heretofore been used for the purpose of paying any tax provided in this chapter, or whoever buys, sells, uses or offers to buy, sell or give away, or has in his possession any stamp or stamps not lawfully purchased, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) year, nor more than ten (10) years, or by both said fine and imprisonment.
SECTION 18. Section 27-71-17, Mississippi Code of 1972, is amended as follows:
27-71-17. It shall be unlawful for any person to counterfeit or reuse any label prescribed by the commission and used to identify alcoholic beverages sold at wholesale by the commission and, upon conviction, the person shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) year, nor more than ten (10) years, or both.
SECTION 19. Section 27-71-313, Mississippi Code of 1972, is amended as follows:
27-71-313. If any person shall willfully evade the payment of any tax levied or imposed under this article, he shall be guilty of a felony, and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) year, nor more than ten (10) years, or by both such fine and imprisonment.
SECTION 20. Section 27-105-27, Mississippi Code of 1972, is amended as follows:
27-105-27. The making of profit, directly or indirectly, by the State Treasurer, tax collector, treasurer of any board of trustees, or any officers whatsoever, out of any money belonging to the state, with the custody of which the State Treasurer is charged, by loaning or otherwise using it, or depositing the same in any manner contrary to law, or a removal by the State Treasurer, or by his consent, of such money or a part thereof, and placing it elsewhere than as provided by law, shall constitute a felony, and, on conviction thereof, shall subject the treasurer or other officer to imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding two (2) years or a fine not exceeding Five Thousand Dollars ($5,000.00), or by both such fine and imprisonment; and the treasurer or other officer offending shall be liable upon his official bond for all profits realized from such unlawful use of such funds.
SECTION 21. Section 27-105-345, Mississippi Code of 1972, is amended as follows:
27-105-345. The making of profit, directly or indirectly, by the county treasurer, tax collector, treasurer of any board of trustees, or any officer whatever, out of any money belonging to a county, the custody of which the county treasurer or other officer is charged with, by loaning or otherwise using it, or depositing the same in any manner contrary to law, or a removal by any such officer or by his consent of such monies, or a part thereof, and placing it elsewhere than as provided by law, shall constitute a felony, and, on conviction thereof, shall subject such officer to imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding two (2) years or a fine not exceeding Five Thousand Dollars ($5,000.00), or to both such fine and imprisonment, and the officer offending shall be liable on his official bond for all profits realized for such unlawful use of such funds.
SECTION 22. Section 27-109-13, Mississippi Code of 1972, is amended as follows:
27-109-13. (1) Any person who violates any provision of Sections 27-109-1 through 27-109-11 shall be punished:
(a) For any offense, by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than ten (10) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both fine and imprisonment.
(b) For a second or subsequent offense, the court shall not suspend a sentence of imprisonment imposed pursuant to paragraph (a) of this subsection or grant probation to the person convicted.
(2) Any person who attempts, or two (2) or more persons who conspire, to violate any provision of Sections 27-109-1 through 27-109-11, each shall be punished by imposing the penalty provided in subsection (1) for the completed crime.
SECTION 23. Section 33-7-309, Mississippi Code of 1972, is amended as follows:
33-7-309. (a) Before using military forces in the dispersion of any riot, tumult, mob, or other lawless or unlawful assembly, or combination mentioned in this chapter, it shall be the duty of the civil officer calling out such military force, or some other conservator of the peace, of if none be present, then of the officer in command of the troops, or some person by him deputed to command persons composing such riotous, tumultuous, or unlawful assemblage or mob, to disperse and retire peacefully to their respective abodes and businesses; but, in no case, shall it be necessary to use any set or particular form or words in ordering the dispersion of any riotous, tumultuous or unlawful assembly; nor shall any such command be necessary where the officer or person, in order to give it, would necessarily be put in imminent danger of loss of life, or great bodily harm, or where such unlawful assembly or riot is engaged in the commission or perpetration of any forcible and atrocious felony, or in assaulting or attacking any civil officer, or person lawfully called to aid in the preservation of the peace, or is otherwise engaged in actual violence to any person or property.
(b) Any person or persons, composing or taking part in any riot, tumult, mob or lawless combination or assembly, mentioned in this chapter, who, after being duly commanded to disperse as hereinbefore provided in this section, willfully and intentionally fails to do so, is guilty of a felony, and must, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1), nor more than two (2) years.
(c) Any person who unlawfully assaults or fires at, or throws any missile at, against, or upon any member or body of the militia or National Guard, or civil officer, or other person lawfully aiding them, when assembling or assembled for the purpose of performing any duty under the provision of this section, must, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than two (2) years, nor more than five (5) years.
(d) If any portion of the militia or National Guard, or person lawfully aiding them in the performance of any duty under the provisions of this section, are assaulted, attacked, or are in imminent danger thereof, the commanding officer of such militia or National Guard need not await any orders from any civil magistrate, but may at once proceed to quell such attack, and take all other needful steps for the safety of his command.
(e) Whenever any shot is fired, or missile thrown, at or upon any body of the National Guard or militia in the performance of any duty under the provisions of this section it shall forthwith be the duty of every person in the assemblage from which the shot is fired, or missile thrown, immediately to disperse or retire therefrom, without awaiting orders to do so. Any person knowing or having reason to believe that a shot has been fired, or missile thrown, from any assemblage of which such person forms a part, or where he is present, and failing, without lawful excuse to retire immediately from such assemblage, is guilty of a misdemeanor, and must on conviction be imprisoned in the county jail for not less than one (1) month, nor more than one (1) year, and any person so remaining in such assemblage after being duly commanded to disperse, is guilty of a felony, and must, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) year, nor more than two (2) years.
(f) Any commander of any military forces of the state engaged in dispersing any mob, or persons engaged in riot or tumult, may place any person or persons in the immediate vicinity of such mob or persons in protective custody and remove them to and hold them at any military installation within the state for a period not to exceed forty-eight (48) hours. However, all such persons shall at their request at the end of such forty-eight-hour period be returned to any city or town within the county from which removed.
SECTION 24. Section 37-59-29, Mississippi Code of 1972, is amended as follows:
37-59-29. The proceeds of any bonds issued by a school district shall be placed in the county or municipal treasury or depository, as the case may be, if there be one, as a special fund, and shall be used for no other purpose than that for which such bonds were authorized to be issued. If the school board of the school district or any member thereof, or any other officer, shall willfully divert or aid or assist in diverting any such fund, or any part thereof, to any purpose other than that for which such bonds were authorized to be issued, then such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding five (5) years. In addition, he shall be liable personally and on his official bond for the amount so diverted. Any member of such school board may escape the penalty provided for above by requesting and having his vote recorded in the negative on any illegal diversion of the proceeds of such bonds. Nothing contained in this section shall be construed to prevent the payment or rebate of a portion of the earnings derived from the investment of the bond proceeds to the federal government to the extent required by the federal laws applicable to such bonds or the interest income thereon in order to maintain their tax exempt status.
SECTION 25. Section 41-23-2, Mississippi Code of 1972, is amended as follows:
41-23-2. Any person who shall knowingly and willfully violate the lawful order of the county, district or state health officer where that person is afflicted with a life-threatening communicable disease or the causative agent thereof shall be guilty of a felony and, upon conviction, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00) or by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than five (5) years, or by both.
SECTION 26. Section 41-29-139, Mississippi Code of 1972, is amended as follows:
41-29-139. (a) Except as authorized by this article, it is unlawful for any person knowingly or intentionally:
(1) To sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance; or
(2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance.
(b) Except as otherwise provided in subsections (f) and (g) of this section or in Section 41-29-142, any person who violates subsection (a) of this section shall be sentenced as follows:
(1) In the case of controlled substances classified in Schedule I or II, as set out in Sections 41-29-113 and 41-29-115, except thirty (30) grams or less of marihuana, and except a first offender as defined in Section 41-29-149(e) who violates subsection (a) of this section with respect to less than one (1) kilogram but more than thirty (30) grams of marihuana, such person may, upon conviction, be imprisoned for not more than thirty (30) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00), or both;
(2) In the case of a first offender who violates subsection (a) of this section with an amount less than one (1) kilogram but more than thirty (30) grams of marihuana as classified in Schedule I, as set out in Section 41-29-113, such person is guilty of a felony and upon conviction may be imprisoned for not more than twenty (20) years or fined not more than Thirty Thousand Dollars ($30,000.00), or both;
(3) In the case of thirty (30) grams or less of marihuana, such person may, upon conviction, be imprisoned for not more than three (3) years or fined not more than Three Thousand Dollars ($3,000.00), or both;
(4) In the case of controlled substances classified in Schedules III and IV, as set out in Sections 41-29-117 and 41-29-119, such person may, upon conviction, be imprisoned for not more than twenty (20) years and shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; and
(5) In the case of controlled substances classified in Schedule V, as set out in Section 41-29-121, such person may, upon conviction, be imprisoned for not more than ten (10) years and shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Fifty Thousand Dollars ($50,000.00), or both.
(c) It is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article. The penalties for any violation of this subsection (c) with respect to a controlled substance classified in Schedules I, II, III, IV or V, as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marihuana, shall be based on dosage unit as defined herein or the weight of the controlled substance as set forth herein as appropriate:
"Dosage unit (d.u.)" means a tablet or capsule, or in the case of a liquid solution, one (1) milliliter. In the case of lysergic acid diethylamide (LSD) the term, "dosage unit" means a stamp, square, dot, microdot, tablet or capsule of a controlled substance.
For any controlled substance that does not fall within the definition of the term "dosage unit," the penalties shall be based upon the weight of the controlled substance.
The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance.
If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment.
Any person who violates this subsection with respect to:
(1) A controlled substance classified in Schedule I or II, except marihuana, in the following amounts shall be charged and sentenced as follows:
(A) Less than one-tenth (0.1) gram or one (1) dosage unit or less may be charged as a misdemeanor or felony. If charged by indictment as a felony: by imprisonment not less than one (1) nor more than four (4) years and a fine not more than Ten Thousand Dollars ($10,000.00). If charged as a misdemeanor: by imprisonment for up to one (1) year and a fine not more than One Thousand Dollars ($1,000.00).
(B) One-tenth (0.1) gram but less than two (2) grams or two (2) dosage units but less than ten (10) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($50,000.00).
(C) Two (2) grams but less than ten (10) grams or ten (10) dosage units but less than twenty (20) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00).
(D) Ten (10) grams but less than thirty (30) grams or twenty (20) dosage units but not more than forty (40) dosage units, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($500,000.00).
(E) Thirty (30) grams or more or forty (40) dosage units or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($1,000,000.00).
(2) Marihuana in the following amounts shall be charged and sentenced as follows:
(A) Thirty (30) grams or less by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00). The provisions of this paragraph shall be enforceable by summons, provided the offender provides proof of identity satisfactory to the arresting officer and gives written promise to appear in court satisfactory to the arresting officer, as directed by the summons. A second conviction under this section within two (2) years shall be punished by a fine of Two Hundred Fifty Dollars ($250.00) and not less than five (5) days nor more than sixty (60) days in the county jail and mandatory participation in a drug education program, approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that such drug education program is inappropriate. A third or subsequent conviction under this section within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) and confinement for not less than five (5) days nor more than six (6) months in the county jail. Upon a first or second conviction under this section, the courts shall forward a report of such conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this section and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;
(B) Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marihuana is guilty of a misdemeanor and upon conviction may be fined not more than One Thousand Dollars ($1,000.00) and confined for not more than ninety (90) days in the county jail. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers;
(C) More than thirty (30) grams but less than two hundred fifty (250) grams may be fined not more than One Thousand Dollars ($1,000.00), or confined in the county jail for not more than one (1) year, or both; or fined not more than Three Thousand Dollars ($3,000.00), or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than three (3) years, or both; (D) Two hundred fifty (250) grams but less than five hundred (500) grams, by imprisonment for not less than two (2) years nor more than eight (8) years and by a fine of not more than Fifty Thousand Dollars ($50,000.00);
(E) Five hundred (500) grams but less than one (1) kilogram, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of less than Two Hundred Fifty Thousand Dollars ($250,000.00);
(F) One (1) kilogram but less than five (5) kilograms, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($500,000.00);
(G) Five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($1,000,000.00).
(3) A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows:
(A) Less than fifty (50) grams or less than one hundred (100) dosage units is a misdemeanor and punishable by not more than one (1) year and a fine of not more than One Thousand Dollars ($1,000.00).
(B) Fifty (50) grams but less than one hundred fifty (150) grams or one hundred (100) dosage units but less than five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years and a fine of not more than Ten Thousand Dollars ($10,000.00).
(C) One hundred fifty (150) grams but less than three hundred (300) grams or five hundred (500) dosage units but less than one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($50,000.00).
(D) Three hundred (300) grams but less than five hundred (500) grams or one thousand (1,000) dosage units but less than two thousand five hundred (2,500) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00).
(E) Five hundred (500) grams or more or two thousand five hundred (2,500) dosage units or more, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($500,000.00).
(d) (1) It is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and upon conviction may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both; however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of one (1) ounce or less of marihuana under subsection (c)(2)(A) of this section.
(2) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and upon conviction may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(3) Any person eighteen (18) years of age or over who violates subsection (d)(2) of this section by delivering or selling paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and upon conviction may be confined in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or both.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia. Any person who violates this subsection is guilty of a misdemeanor and upon conviction may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(e) It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any amphetamine or amphetamine-like anorectics and/or central nervous system stimulants classified in Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control or weight loss. Any person who violates this subsection, upon conviction, is guilty of a misdemeanor and may be confined for a period not to exceed six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.
(f) Except as otherwise authorized in this article, any person twenty-one (21) years of age or older who knowingly sells, barters, transfers, manufactures, distributes or dispenses during any twelve (12) consecutive month period: (i) ten (10) pounds or more of marihuana; (ii) two (2) ounces or more of heroin; (iii) two (2) or more ounces of cocaine or of any mixture containing cocaine as described in Section 41-29-105(s), Mississippi Code of 1972; (iv) two (2) or more ounces of methamphetamine; or (v) one hundred (100) or more dosage units of morphine, Demerol, Dilaudid, oxycodone hydrochloride or a derivative thereof, or 3,4-methylenedioxymethamphetamine (MDMA) shall be guilty of a felony and, upon conviction thereof, shall be sentenced to life imprisonment and such sentence shall not be reduced or suspended nor shall such person be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding. The provisions of this subsection shall not apply to any person who furnishes information and assistance to the bureau or its designee which, in the opinion of the trial judge objectively should or would have aided in the arrest or prosecution of others who violate this subsection. The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished.
(g) (1) Any person trafficking in controlled substances shall be guilty of a felony and upon conviction shall be imprisoned for a term of thirty (30) years and such sentence shall not be reduced or suspended nor shall such person be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00).
(2) "Trafficking in controlled substances" as used herein means to engage in three (3) or more component offenses within any twelve (12) consecutive month period where at least two (2) of the component offenses occurred in different counties. A component offense is any act which would constitute a violation of subsection (a) of this section. Prior convictions shall not be used as component offenses to establish the charge of trafficking in controlled substances.
(3) The charge of trafficking in controlled substances shall be set forth in one (1) count of an indictment with each of the component offenses alleged therein and it may be charged and tried in any county where a component offense occurred. An indictment for trafficking in controlled substances may also be returned by the State Grand Jury of Mississippi provided at least two (2) of the component offenses occurred in different circuit court districts.
SECTION 27. Section 41-29-533, Mississippi Code of 1972, is amended as follows:
41-29-533. (1) Any person who knowingly and intentionally possesses, installs, operates or monitors an electronic, mechanical or other device in violation of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to not more than one (1) year in the county jail or fined not more than Ten Thousand Dollars ($10,000.00), or both.
(2) Any person who violates the provisions of Section 41-29-511 shall be guilty of a felony and, upon conviction thereof, shall be sentenced to not more than five (5) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, and fined not more than Ten Thousand Dollars ($10,000.00).
SECTION 28. Section 41-41-73, Mississippi Code of 1972, is amended as follows:
41-41-73. (1) Any physician who knowingly performs a partial-birth abortion and thereby kills a human fetus shall be guilty of a felony and, upon conviction thereof, shall be fined not more than Twenty-five Thousand Dollars ($25,000.00) or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than two (2) years, or both. This subsection shall not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury if no other medical procedure would suffice for that purpose.
(2) (a) As used in this section, "partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery.
(b) As used in this section, "physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State of Mississippi. However, any individual who is not a physician but who nevertheless directly performs a partial-birth abortion shall be subject to the provisions of this section.
(3) (a) The husband of a mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the mother's parents may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
(b) Such relief shall include:
(i) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and
(ii) Statutory damages equal to three (3) times the cost of the partial-birth abortion.
(4) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for a conspiracy to violate this section.
SECTION 29. Section 41-41-77, Mississippi Code of 1972, is amended as follows:
41-41-77. (1) A physician shall file a written report with the State Department of Health regarding each patient who comes under the physician's professional care and requires medical treatment or suffers death that the attending physician has a reasonable basis to believe is a primary, secondary, or tertiary result of an induced abortion.
(2) These reports shall be submitted within thirty (30) days of the discharge or death of the patient treated for the complication.
(3) The department shall summarize aggregate data from the reports required under this section for purposes of inclusion into the annual Vital Statistics Report.
(4) The department shall develop and distribute or make available online in a downloadable format a standardized form for the report required under this section.
(5) The department shall communicate this reporting requirement to all medical professional organizations, licensed physicians, hospitals, emergency rooms, abortion facilities, Department of Health clinics and ambulatory surgical facilities operating in the state.
(6) The department shall destroy each individual report required by this section and each copy of the report after retaining the report for five (5) years after the date the report is received.
(7) The report required under this section shall not contain the name of the woman, common identifiers such as her social security number or motor vehicle operator's license number or other information or identifiers that would make it possible to identify in any manner or under any circumstances an individual who has obtained or seeks to obtain an abortion. A state agency shall not compare data in an electronic or other information system file with data in another electronic or other information system that would result in identifying in any manner or under any circumstances an individual obtaining or seeking to obtain an abortion. Statistical information that may reveal the identity of a woman obtaining or seeking to obtain an abortion shall not be maintained.
(8) The department or an employee of the department shall not disclose to a person or entity outside the department the reports or the contents of the reports required under this section in a manner or fashion as to permit the person or entity to whom the report is disclosed to identify in any way the person who is the subject of the report.
(9) Disclosure of confidential identifying information in violation of this section shall constitute a felony which, upon conviction, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than three (3) years, or a fine of not more than Five Thousand Dollars ($5,000.00), or both.
SECTION 30. Section 43-47-19, Mississippi Code of 1972, is amended as follows:
43-47-19. (1) It shall be unlawful for any person to abuse, neglect or exploit any vulnerable adult.
(2) (a) Any person who willfully commits an act or willfully omits the performance of any duty, which act or omission contributes to, tends to contribute to, or results in physical pain, injury, mental anguish, unreasonable confinement or deprivation of services which are necessary to maintain the mental and physical health of a vulnerable adult, or neglect, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment not to exceed one (1) year in the county jail, or by both such fine and imprisonment. Any accepted medical procedure performed in the usual scope of practice shall not be a violation of this subsection.
(b) Any person who willfully exploits a vulnerable adult, where the value of the exploitation is less than Two Hundred Fifty Dollars ($250.00), shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment not to exceed one (1) year in the county jail, or by both such fine and imprisonment; where the value of the exploitation is Two Hundred Fifty Dollars ($250.00) or more, the person who exploits a vulnerable adult shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment in the custody of the Department of Corrections for not more than ten (10) years.
(3) Any person who willfully inflicts physical pain or injury upon a vulnerable adult shall be guilty of felonious abuse or battery, or both, of a vulnerable adult and, upon conviction thereof, may be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than twenty (20) years.
(4) Nothing contained in this section shall prevent proceedings against a person under any statute of this state or municipal ordinance defining any act as a crime or misdemeanor.
SECTION 31. Section 45-13-15, Mississippi Code of 1972, is amended as follows:
45-13-15. Any person, firm, partnership or corporation violating any provision of this article shall be guilty of a felony, and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) and/or imprisonment in the county jail or State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not to exceed one (1) year. In addition to said criminal penalties, any person, firm, partnership or corporation violating any provision of this article shall be responsible for any and all injuries, deaths and property damage caused by or resulting from illegal fireworks sold by such person, firm, partnership or corporation which is prohibited by this article within the State of Mississippi, and any injured person or his legal representatives, shall have a right to bring a civil action against the dealer, distributor or manufacturer or person who sold said fireworks, whether said dealer, distributor or manufacturer or person be located in this state or not. Any dealer, distributor or manufacturer or person located outside of this state who shall sell fireworks in Mississippi shall make, constitute and appoint the Secretary of State as their lawful agent for service of process in any civil proceeding brought under the provisions of this article, to recover all damages caused or resulting from the sale of any fireworks prohibited by this article.
SECTION 32. Section 45-13-105, Mississippi Code of 1972, is amended as follows:
45-13-105. Any seller of dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators, or other similar explosives who does not report to proper authorities as required by this article shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years, or in the county jail not exceeding one (1) year.
SECTION 33. Section 45-13-109, Mississippi Code of 1972, is amended as follows:
45-13-109. Every person transporting or bringing dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives into the State of Mississippi shall immediately report to the sheriff of the county of original entry, identify himself, give his destination and an inventory which shall be filed in a register to be kept by the sheriff. The sheriff shall, within twenty-four (24) hours, after receiving the name, destination and inventory, report same to the Commissioner of Public Safety. For such registering and reporting, the sheriff shall be paid a fee of Three Dollars ($3.00) by the person transporting the explosives. A person transporting dynamite, nitroglycerine, explosives, gas bombs, dynamite caps, nitroglycerine caps, fuses, detonators or other similar explosives who fails to report his name, destination and inventory shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding twenty (20) years.
SECTION 34. Section 45-27-7, Mississippi Code of 1972, is amended as follows:
45-27-7. (1) The Mississippi Justice Information Center shall:
(a) Develop, operate and maintain an information system which will support the collection, storage, retrieval and dissemination of all data described in this chapter, consistent with those principles of scope, security and responsiveness prescribed by this chapter.
(b) Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards and related training assistance necessary for the uniform operation of the statewide center.
(c) Offer assistance and, when practicable, instruction to all local law enforcement agencies in establishing efficient local records systems.
(d) Make available, upon request, to all local and state criminal justice agencies, to all federal criminal justice agencies and to criminal justice agencies in other states any information in the files of the center which will aid such agencies in the performance of their official duties. For this purpose the center shall operate on a twenty-four-hour basis, seven (7) days a week. Such information, when authorized by the director of the center, may also be made available to any other agency of this state or any political subdivision thereof and to any federal agency, upon assurance by the agency concerned that the information is to be used for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders.
(e) Cooperate with other agencies of this state, the crime information agencies of other states, and the national crime information center systems of the Federal Bureau of Investigation in developing and conducting an interstate, national and international system of criminal identification and records.
(f) Make available, upon request, to nongovernmental entities or employers certain information for noncriminal justice purposes as specified in Section 45-27-12.
(g) Institute necessary measures in the design, implementation and continued operation of the justice information system to ensure the privacy and security of the system. Such measures shall include establishing complete control over use of and access to the system and restricting its integral resources and facilities and those either possessed or procured and controlled by criminal justice agencies. Such security measures must meet standards developed by the center as well as those set by the nationally operated systems for interstate sharing of information.
(h) Provide data processing for files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property and such other files as may be of general assistance to law enforcement agencies; provided, however, that the purchase, lease, rental or acquisition in any manner of "computer equipment or services," as defined in Section 25-53-3, Mississippi Code of 1972, shall be subject to the approval of the Mississippi Information Technology Services.
(i) Maintain a field coordination and support unit which shall have all the power conferred by law upon any peace officer of this state.
(2) The department, including the investigative division or the center, may:
(a) Obtain and store fingerprints, descriptions, photographs and any other pertinent identifying data from crime scenes and on persons who:
(i) Have been or are hereafter arrested or taken into custody in this state:
1. For an offense which is a felony;
2. For an offense which is a misdemeanor;
3. As a fugitive from justice; or
(ii) Are or become habitual offenders; or
(iii) Are currently or become confined to any prison, Penitentiary or other penal institution or who are or will become participants in the intensive supervision of the Department of Corrections, as authorized under Section 1 of this act; or
(iv) Are unidentified human corpses found in the state; or
(v) Have submitted fingerprints for conducting criminal history record checks.
(b) Compare all fingerprint and other identifying data received with that already on file and determine whether or not a criminal record is found for such person, and at once inform the requesting agency or arresting officer of those facts that may be disseminated consistent with applicable security and privacy laws and regulations. A record shall be maintained for a minimum of one (1) year of the dissemination of each individual criminal history, including at least the date and recipient of such information.
(c) Establish procedures to respond to those individuals who file requests to review their own records, pursuant to Sections 45-27-11 and 45-27-12, and to cooperate in the correction of the central center records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of an individual.
(d) Retain in the system the fingerprints of all law enforcement officers and part-time law enforcement officers, as those terms are defined in Section 45-6-3, and of all applicants to law enforcement agencies.
(3) There shall be a presumption that a copy of any document submitted to the center in accordance with the provisions of Section 45-27-9 that has been processed as set forth in this chapter and subsequently certified and provided by the center to a law enforcement agency or a court shall be admissible in any proceeding without further authentication unless a person objecting to that admissibility has successfully challenged the document under the provisions of Section 45-27-11.
SECTION 35. Section 45-33-33, Mississippi Code of 1972, is amended as follows:
45-33-33. (1) (a) The failure of an offender to personally appear at a Department of Public Safety Driver's License Station or to provide any registration or other information, including, but not limited to, initial registration, reregistration or change of address information, change of employment, change of name or required notification to a volunteer organization, as required by this chapter, is a violation of the law. Additionally, forgery of information or submission of information under false pretenses is also a violation of the law.
(b) A person commits a violation of this chapter who:
(i) Knowingly harbors, or knowingly attempts to harbor, or knowingly assists another person in harboring or attempting to harbor a sex offender who is in violation of this chapter; or
(ii) Knowingly assists a sex offender in eluding a law enforcement agency that is seeking to find the sex offender to question the sex offender about, or to arrest the sex offender for, noncompliance with the requirements of this chapter; or
(iii) Provides information to a law enforcement agency regarding a sex offender which the person knows to be false.
(2) Unless otherwise specified, a violation of this chapter shall be considered a felony and shall be punishable by a fine not more than Five Thousand Dollars ($5,000.00) or imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than five (5) years, or both fine and imprisonment.
(3) Whenever it appears that an offender has failed to comply with the duty to register or reregister, the department shall promptly notify the sheriff of the county of the last known address of the offender. Upon notification, the sheriff shall attempt to locate the offender at his last known address.
(a) If the sheriff locates the offender, he shall enforce the provisions of this chapter. The sheriff shall then notify the department with the current information regarding the offender.
(b) If the sheriff is unable to locate the offender, the sheriff shall promptly notify the department and initiate a criminal prosecution against the offender for the failure to register or reregister. The sheriff shall make the appropriate transactions into the Federal Bureau of Investigation's wanted-person database.
(4) A first violation of this chapter may result in the arrest of the offender. Upon any second or subsequent violation of this chapter, the offender shall be arrested for the violation.
(5) Any prosecution for a violation of this section shall be brought by a prosecutor in the county of the violation.
(6) A person required to register under this chapter who commits any act or omission in violation of this chapter may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sex offender, the county in which the conviction occurred for the offense or offenses that meet the criteria requiring the person to register, or in the county in which he was designated a sex offender.
(7) The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or driving privilege of any offender failing to comply with the duty to report, register or reregister.
SECTION 36. Section 47-5-195, Mississippi Code of 1972, is amended as follows:
47-5-195. Any person who violates any provision of Section 47-5-193 or 47-5-194 shall be guilty of a felony and upon conviction shall be punished by confinement in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than three (3) years nor more than fifteen (15) years, and may be fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.
SECTION 37. Section 59-7-121, Mississippi Code of 1972, is amended as follows:
59-7-121. The proceeds of any bonds issued by any county pursuant to the provisions of this article shall be placed in the county treasury or depository, if there be one, in a special fund and shall be expended by the board of supervisors of such county for the purpose or purposes for which the bonds were authorized to be issued, and for no other. If the board of supervisors of any such county or any member thereof or any other officer shall willfully divert or aid or assist in diverting any such fund, or any part thereof, to any purpose other than that for which such bonds were authorized to be issued, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding five (5) years and, in addition, shall be liable personally on his official bond for the amount so diverted. Any member of such board of supervisors may escape the penalty herein provided for by having his vote recorded in the negative on any illegal diversion of the proceeds of such bonds.
SECTION 38. Section 59-23-7, Mississippi Code of 1972, is amended as follows:
59-23-7. (1) It is unlawful for any person to operate a watercraft on the public waters of this state who:
(a) Is under the influence of intoxicating liquor;
(b) Is under the influence of any other substance which has impaired such person's ability to operate a watercraft; or
(c) Has ten one-hundredths percent (.10%) or more by weight volume of alcohol in the person's blood based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter.
(2) (a) Upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 59-23-5 were given, or where chemical test results are not available, such person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than twenty-four (24) hours in jail, or both; and the court shall order such person to attend and complete a boating safety education course developed by the Department of Wildlife, Fisheries and Parks.
(b) Upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Dollars ($1,000.00) and shall be imprisoned not less than forty-eight (48) consecutive hours nor more than one (1) year or sentenced to community service work for not less than ten (10) days nor more than one (1) year. The court shall order such person not to operate a watercraft for one (1) year.
(c) For any third conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not less than Eight Hundred Dollars ($800.00) nor more than One Thousand Dollars ($1,000.00) and shall be imprisoned not less than thirty (30) days nor more than one (1) year. The court shall order such person not to operate a watercraft for two (2) years.
(d) Any fourth or subsequent violation of subsection (1) of this section shall be a felony offense and, upon conviction, the offenses being committed within a period of five (5) years, such person shall be fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00) and shall be imprisoned not less than ninety (90) days nor more than five (5) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act. The court shall order such person not to operate a watercraft for three (3) years.
(3) Any person convicted of operating any watercraft in violation of subsection (1) of this section where the person (a) refused a law enforcement officer's request to submit to a chemical test, or (b) was unconscious at the time of a chemical test and refused to consent to the introduction of the results of such test in any prosecution, shall be punished consistent with the penalties prescribed herein for persons submitting to the test and the court shall order such person not to operate a watercraft for the time periods specified in subsection (2) of this section.
(4) Any person who operates any watercraft in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other member or limb of another shall, upon conviction, be guilty of a felony and shall be committed to the custody of the State Department of Corrections for a period of time not to exceed ten (10) years.
(5) Upon conviction of any violation of subsection (1) of this section, the judge shall cause a copy of the citation and any other pertinent documents concerning the conviction to be sent immediately to the Mississippi Department of Wildlife, Fisheries and Parks. A copy of the citation or other pertinent documents, having been attested as true and correct by the Director of the Mississippi Department of Wildlife, Fisheries and Parks, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.
SECTION 39. Section 63-11-30, Mississippi Code of 1972, is amended as follows:
63-11-30. (1) It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle; (c) has an alcohol concentration of eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, in the person's blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter; (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or (e) has an alcohol concentration of four one-hundredths percent (.04%) or more in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's blood, breath or urine, administered as authorized by this chapter for persons operating a commercial motor vehicle.
(2) (a) Except as otherwise provided in subsection (3), upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, such person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail or both; and the court shall order such person to attend and complete an alcohol safety education program as provided in Section 63-11-32. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail. In addition, the Department of Public Safety, the Commissioner of Public Safety or his duly authorized agent shall, after conviction and upon receipt of the court abstract, suspend the driver's license and driving privileges of such person for a period of not less than ninety (90) days and until such person attends and successfully completes an alcohol safety education program as herein provided. Commercial driving privileges shall be suspended as provided in Section 63-1-83.
The circuit court having jurisdiction in the county in which the conviction was had or the circuit court of the person's county of residence may reduce the suspension of driving privileges under Section 63-11-30(2)(a) if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under Section 63-11-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00), which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.
The petition filed under the provisions of this subsection shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days' prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the period of suspension.
The order entered under the provisions of this subsection shall contain the specific grounds upon which hardship was determined, and shall order the petitioner to attend and complete an alcohol safety education program as provided in Section 63-11-32. A certified copy of such order shall be delivered to the Commissioner of Public Safety by the clerk of the court within five (5) days of the entry of the order. The certified copy of such order shall contain information which will identify the petitioner, including, but not limited to, the name, mailing address, street address, social security number and driver's license number of the petitioner.
At any time following at least thirty (30) days of suspension for a first offense violation of this section, the court may grant the person hardship driving privileges upon written petition of the defendant, if it finds reasonable cause to believe that revocation would hinder the person's ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation.
(b) Except as otherwise provided in subsection (3), upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than one (1) year and sentenced to community service work for not less than ten (10) days nor more than one (1) year. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. Except as may otherwise be provided by paragraph (d) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of such person for two (2) years. Suspension of a commercial driver's license shall be governed by Section 63-1-83. Upon any second conviction as described in this paragraph, the court shall ascertain whether the defendant is married, and if the defendant is married shall obtain the name and address of the defendant's spouse; the clerk of the court shall submit this information to the Department of Public Safety. Further, the commissioner shall notify in writing, by certified mail, return receipt requested, the owner of the vehicle and the spouse, if any, of the person convicted of the second violation of the possibility of forfeiture of the vehicle if such person is convicted of a third violation of subsection (1) of this section. The owner of the vehicle and the spouse shall be considered notified under this paragraph if the notice is deposited in the United States mail and any claim that the notice was not in fact received by the addressee shall not affect a subsequent forfeiture proceeding.
For any second or subsequent conviction of any person under this section, the person shall also be subject to the penalties set forth in Section 63-11-31.
(c) Except as otherwise provided in subsection (3), for any third or subsequent conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections; provided, however, that for any such offense which does not result in serious injury or death to any person, any sentence of incarceration may be served in the county jail rather than in the State Penitentiary or may be served in the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act at the discretion of the circuit court judge. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. The law enforcement agency shall seize the vehicle operated by any person charged with a third or subsequent violation of subsection (1) of this section, if such convicted person was driving the vehicle at the time the offense was committed. Such vehicle may be forfeited in the manner provided by Sections 63-11-49 through 63-11-53. Except as may otherwise be provided by paragraph (e) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of such person for five (5) years. The suspension of a commercial driver's license shall be governed by Section 63-1-83.
(d) Except as otherwise provided in subsection (3), any person convicted of a second violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, such person shall successfully complete treatment of his alcohol and/or drug abuse problem at a program site certified by the Department of Mental Health. Such person shall be eligible for reinstatement of his driving privileges upon the successful completion of such treatment after a period of one (1) year after such person's driver's license is suspended. Each person who receives a diagnostic assessment shall pay a fee representing the cost of such assessment. Each person who participates in a treatment program shall pay a fee representing the cost of such treatment.
(e) Except as otherwise provided in subsection (3), any person convicted of a third or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, such person shall enter an alcohol and/or drug abuse program approved by the Department of Mental Health for treatment of such person's alcohol and/or drug abuse problem. If such person successfully completes such treatment, such person shall be eligible for reinstatement of his driving privileges after a period of three (3) years after such person's driver's license is suspended.
(f) The Department of Public Safety shall promulgate rules and regulations for the use of interlock ignition devices as provided in Section 63-11-31 and consistent with the provisions therein. Such rules and regulations shall provide for the calibration of such devices and shall provide that the cost of the use of such systems shall be borne by the offender. The Department of Public Safety shall approve which vendors of such devices shall be used to furnish such systems.
(3) (a) This subsection shall be known and may be cited as Zero Tolerance for Minors. The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%). If such person's blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply.
(b) Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, such person shall have his driver's license suspended for ninety (90) days and shall be fined Two Hundred Fifty Dollars ($250.00); and the court shall order such person to attend and complete an alcohol safety education program as provided in Section 63-11-32. The court may also require attendance at a victim impact panel.
The court in the county in which the conviction was had or the circuit court of the person's county of residence may reduce the suspension of driving privileges under Section 63-11-30(2)(a) if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under Section 63-11-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00), which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.
The petition filed under the provisions of this subsection shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days' prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the period of suspension.
The order entered under the provisions of this subsection shall contain the specific grounds upon which hardship was determined, and shall order the petitioner to attend and complete an alcohol safety education program as provided in Section 63-11-32. A certified copy of such order shall be delivered to the Commissioner of Public Safety by the clerk of the court within five (5) days of the entry of the order. The certified copy of such order shall contain information which will identify the petitioner, including, but not limited to, the name, mailing address, street address, social security number and driver's license number of the petitioner.
At any time following at least thirty (30) days of suspension for a first offense violation of this section, the court may grant the person hardship driving privileges upon written petition of the defendant, if it finds reasonable cause to believe that revocation would hinder the person's ability to:
(i) Continue his employment;
(ii) Continue attending school or an educational institution; or
(iii) Obtain necessary medical care.
Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation.
(c) Upon any second conviction of any person under the age of twenty-one (21) years violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than Five Hundred Dollars ($500.00) and shall have his driver's license suspended for one (1) year.
(d) For any third or subsequent conviction of any person under the age of twenty-one (21) years violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than One Thousand Dollars ($1,000.00) and shall have his driver's license suspended until he reaches the age of twenty-one (21) or for two (2) years, whichever is longer.
(e) Any person under the age of twenty-one (21) years convicted of a second violation of subsection (1) of this section, may have the period that his driver's license is suspended reduced if such person receives an in-depth diagnostic assessment, and as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem and successfully completes treatment of his alcohol and/or drug abuse problem at a program site certified by the Department of Mental Health. Such person shall be eligible for reinstatement of his driving privileges upon the successful completion of such treatment after a period of six (6) months after such person's driver's license is suspended. Each person who receives a diagnostic assessment shall pay a fee representing the cost of such assessment. Each person who participates in a treatment program shall pay a fee representing the cost of such treatment.
(f) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section shall complete treatment of an alcohol and/or drug abuse program at a site certified by the Department of Mental Health.
(g) The court shall have the discretion to rule that a first offense of this subsection by a person under the age of twenty-one (21) years shall be nonadjudicated. Such person shall be eligible for nonadjudication only once. The Department of Public Safety shall maintain a confidential registry of all cases which are nonadjudicated as provided in this paragraph. A judge who rules that a case is nonadjudicated shall forward such ruling to the Department of Public Safety. Judges and prosecutors involved in implied consent violations shall have access to the confidential registry for the purpose of determining nonadjudication eligibility. A record of a person who has been nonadjudicated shall be maintained for five (5) years or until such person reaches the age of twenty-one (21) years. Any person whose confidential record has been disclosed in violation of this paragraph shall have a civil cause of action against the person and/or agency responsible for such disclosure.
(4) In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of his breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of such test in any prosecution, shall suffer an additional suspension of driving privileges as follows:
The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or permit to drive or deny the issuance of a license or permit to such person as provided for first, second and third or subsequent offenders in subsection (2) of this section. Such suspension shall be in addition to any suspension imposed pursuant to subsection (1) of Section 63-11-23. The minimum suspension imposed under this subsection shall not be reduced and no prosecutor is authorized to offer a reduction of such suspension as part of a plea bargain.
(5) Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each such death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each such death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.
(6) Upon conviction of any violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit. The judge shall cause a copy of the traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction, to be sent to the Commissioner of Public Safety. A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section.
(7) Convictions in other states of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring after July 1, 1992, shall be counted for the purposes of determining if a violation of subsection (1) of this section is a first, second, third or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.
(8) For the purposes of determining how to impose the sentence for a second, third or subsequent conviction under this section, the indictment shall not be required to enumerate previous convictions. It shall only be necessary that the indictment state the number of times that the defendant has been convicted and sentenced within the past five (5) years under this section to determine if an enhanced penalty shall be imposed. The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third or subsequent offense of this section.
(9) Any person under the legal age to obtain a license to operate a motor vehicle convicted under this section shall not be eligible to receive such license until the person reaches the age of eighteen (18) years.
(10) Suspension of driving privileges for any person convicted of violations of Section 63-11-30(1) shall run consecutively.
(11) The court may order the use of any ignition interlock device as provided in Section 63-11-31.
SECTION 40. Section 67-1-9, Mississippi Code of 1972, is amended as follows:
67-1-9. (1) It shall be unlawful for any person to manufacture, distill, brew, sell, possess, import into this state, export from the state, transport, distribute, warehouse, store, solicit, take order for, bottle, rectify, blend, treat, mix or process any alcoholic beverage except as authorized in this chapter. However, nothing contained herein shall prevent importers, wineries and distillers of alcoholic beverages from storing such alcoholic beverages in private bonded warehouses located within the State of Mississippi for the ultimate use and benefit of the State Tax Commission as provided in Section 67-1-41. The commission is hereby authorized to promulgate rules and regulations for the establishment of such private bonded warehouses and for the control of alcoholic beverages stored in such warehouses. Additionally, nothing herein contained shall prevent any duly licensed practicing physician or dentist from possessing or using alcoholic liquor in the strict practice of his profession, or prevent any hospital or other institution caring for sick and diseased persons, from possessing and using alcoholic liquor for the treatment of bona fide patients of such hospital or other institution. Any drugstore employing a licensed pharmacist may possess and use alcoholic liquors in the combination of prescriptions of duly licensed physicians. The possession and dispensation of wine by an authorized representative of any church for the purpose of conducting any bona fide rite or religious ceremony conducted by such church shall not be prohibited by this chapter.
(2) Any person, upon conviction of any provision of this section, shall be punished as follows:
(a) By a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than one (1) week nor more than three (3) months, or both, for the first conviction under this section.
(b) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail not less than sixty (60) days, nor more than six (6) months, or both fine and imprisonment, for the second conviction for violating this section.
(c) By a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year, nor more than five (5) years, or both fine and imprisonment, for conviction the third time under this section for the violation thereof after having been twice convicted of its violation.
SECTION 41. Section 67-1-10, Mississippi Code of 1972, is amended as follows:
67-1-10. It shall be unlawful for any person, firm or corporation to own or control or have in such person's, firm's or corporation's possession any distillery commonly called a still or any integral part thereof. It shall not be unlawful to own or have in possession a distillery or still in the following circumstances:
(a) Where the same is used exclusively for the distillation of rosin products;
(b) Where the same is used exclusively for the distillation of water;
(c) Where the same is kept and lawfully used in any laboratory;
(d) Where the same is in the possession of any officers of the law, to be disposed of according to law; or
(e) Where the person or corporation can prove that the same is in his or their possession for the purpose of being delivered up to an officer of the law to be disposed of according to law. Any person guilty of violating this section shall be guilty of a felony and upon conviction thereof shall be confined in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year, nor more than three (3) years for a first offense, and for a second offense he shall be confined in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than five (5), nor more than ten (10) years.
SECTION 42. Section 69-19-15, Mississippi Code of 1972, is amended as follows:
69-19-15. (1) (a) Any person violating this chapter or the rules and regulations issued under this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment for not more than one (1) year, or by both such fine and imprisonment at the discretion of the court having jurisdiction.
(b) Each violation and each day's violation shall constitute a separate offense.
(c) Any person violating this chapter or the rules and regulations issued under this chapter in such a way that causes harm or poses a threat to man, animals or the environment is guilty of a felony and, upon conviction, shall be punished by a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or by imprisonment in the State Penitentiary or by a sentence to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not more than twenty (20) years or by both such fine and imprisonment for each violation.
(2) Each violation of this chapter or the applicable rules and regulations shall subject the violator to administrative action as provided for in Sections 69-25-51 through 69-25-63.
SECTION 43. Section 69-23-29, Mississippi Code of 1972, is amended as follows:
69-23-29. (1) (a) Any person violating any of the provisions of this chapter or the rules and regulations issued under this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than one (1) year or by both such fine and imprisonment at the discretion of the court having jurisdiction.
(b) Each violation and each day's violation for continuing acts, shall constitute a separate offense.
(c) Any person violating any of the provisions of this chapter or the rules and regulations issued under this chapter in such a way that causes harm or poses a threat to man, animals or the environment is guilty of a felony and, upon conviction, shall be punished by a fine of not more than Twenty-Five Thousand Dollars ($25,000.00) or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not more than twenty (20) years or by both such fine and imprisonment for each violation.
(2) Each violation of this chapter or the applicable rules and regulations shall subject the violator to administrative action as provided for in Sections 69-25-51 through 69-25-63.
SECTION 44. Section 69-23-135, Mississippi Code of 1972, is amended as follows:
69-23-135. (1) (a) Any person violating any of the provisions of this chapter or the rules and regulations issued under this chapter at a minimum is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than one (1) year or by both such fine and imprisonment at the discretion of the court having jurisdiction.
(b) Each violation and each day's violation for continuing acts shall constitute a separate offense.
(c) Any person violating any of the provisions of this chapter or the rules and regulations issued under this chapter in such a way that causes harm or poses a threat to man, animals or the environment is guilty of a felony and, upon conviction, shall be punished by a fine of not more than Twenty-Five Thousand Dollars ($25,000.00) or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not more than twenty (20) years or by both such fine and imprisonment for each violation.
(2) Each violation of this chapter or the rules and regulations issued under this chapter shall subject the violator to administrative action as provided for in Sections 69-25-51 through 69-25-63.
SECTION 45. Section 69-29-2, Mississippi Code of 1972, is amended as follows:
69-29-2. (1) Every person, firm, association or corporation, before seeking to sell or transfer dogs or cats, or both, for research, shall obtain a license from the Director of the Mississippi Agricultural and Livestock Theft Bureau. The fee and requirements for such license shall be set by the Director of the Mississippi Agricultural and Livestock Theft Bureau. Application for such license shall be made on forms prescribed and furnished by the director. Such license shall be nontransferable, renewable annually. A new license shall be issued if there is any change in the location or ownership of the business.
(2) At the time application is made for a license under subsection (1) of this section and before the issuance of such license by the Director of the Mississippi Agricultural and Livestock Theft Bureau, the applicant shall file with the director a bond in the penal sum of Five Thousand Dollars ($5,000.00) payable to the State of Mississippi with surety to be approved by the Secretary of State for the faithful performance of the requirements of this section. Evidence shall be supplied to the director annually, at the time license is renewed, that the bond continues in force and effect. In the event the bond is cancelled or will not be renewed, the bonding company shall notify the director in writing at least thirty (30) days before the cancellation of such bond. If a bond is cancelled or fails to be renewed, the license issued under this section shall stand void automatically. The license shall not stand void if a new bond as required herein is filed with the director before the expiration date of the original bond.
(3) The following information shall be recorded by every person, firm, association or corporation licensed under this section for each dog or cat received, sold or transferred under the provisions of this section:
(a) The name, address and telephone number of the person, firm, association or corporation from whom each dog or cat was received and to whom each dog or cat was delivered.
(b) A complete description of each dog or cat received, sold or transferred, including a photograph of each side of the animal.
(c) Any other information as required by the Director of the Mississippi Agricultural and Livestock Theft Bureau.
(4) The Director of the Mississippi Agricultural and Livestock Theft Bureau shall promulgate rules and regulations necessary to effectuate the provisions of this section.
(5) Any person violating the provisions of this section, upon conviction for a first violation, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both. Any person violating the provisions of this section, upon conviction for a second or subsequent violation, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) year or a fine of not less than One Thousand Dollars ($1,000.00), or by both. Any person who holds a license issued under this section who is convicted of any violation of this section, shall have his license revoked for a minimum of one (1) year.
SECTION 46. Section 69-29-3, Mississippi Code of 1972, is amended as follows:
69-29-3. If any person, knowingly, shall mark or brand any animal, the property of another, with a mark or brand calculated or intended to designate ownership not that of the owner, without the consent of the owner, or without authority of law, and with intent to deprive the owner of his property, he shall, on conviction thereof, be imprisoned, in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than three (3) years, or be fined in a sum not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail for a period not longer than one (1) year, or both.
SECTION 47. Section 69-29-9, Mississippi Code of 1972, is amended as follows:
69-29-9. Any person who shall, with intent to defraud, brand or misbrand, mark or mismark any neat cattle or swine not his own; or any person who shall intentionally brand over a previous brand or in any manner alter, deface or obliterate a previous brand or earmark, or shall cut out and obliterate a previous brand or earmark on any neat cattle or swine, shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than six (6) months nor more than one (1) year.
SECTION 48. Section 69-29-15, Mississippi Code of 1972, is amended as follows:
69-29-15. It shall be unlawful for a person to remove any collar, tag or marking device on any animal not owned by such person and without the permission of the owner of the animal. Any person violating the provisions of this section, upon conviction for a first violation, shall be punished by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for not more than six (6) months, or by both. Any person violating the provisions of this section, upon conviction for a second or subsequent violation, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) year or a fine of not less than One Thousand Dollars ($1,000.00), or by both.
SECTION 49. Section 73-27-17, Mississippi Code of 1972, is amended as follows:
73-27-17. Any person who shall violate any of the provisions of this chapter shall, on conviction, of the first offense, be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment in the county jail not more than three (3) months, or both; and such person, upon conviction of the second offense against this chapter, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) or more than Five Hundred Dollars ($500.00) or by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year or more than two (2) years; and such person, upon conviction of any succeeding offense, shall be punished in the discretion of the court; provided, however, that such punishment shall in no case exceed the payment of a fine of Five Thousand Dollars ($5,000.00) or imprisonment for five (5) years.
SECTION 50. Section 75-73-9, Mississippi Code of 1972, is amended as follows:
75-73-9. (1) Any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value less than Twenty-five Dollars ($25.00) at any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof, shall, upon conviction, be fined not less than Fifty Dollars ($50.00) and not exceeding Five Hundred Dollars ($500.00) or imprisoned in the county jail for a term not exceeding one (1) year, or both; but any person who shall, for himself or as the agent or representative of another or as an officer of a corporation, obtain food, lodging, money, property or other accommodations of a value of Twenty-five Dollars ($25.00) or over at any hotel, motel, motor hotel, motor lodge, inn, boarding or eating house with intent to defraud the owner or keeper thereof shall, upon conviction, be fined not less than One Hundred Dollars ($100.00) and not exceeding One Thousand Dollars ($1,000.00) or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of one (1) year, or both. In case of a second and subsequent conviction of the offense described, regardless of the value of the food, lodging, money, property or other accommodations obtained, the punishment shall be by imprisonment in the State Penitentiary or by being sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not exceeding two (2) years.
(2) No person shall remain in a hotel or motel where his term or stay has expired if the person has been given a separate written notice of his agreed departure date and checkout time at the time he registered in the hotel or motel, the person has signed such notice acknowledging his departure time, and the person has been given written notice at least three (3) hours prior to the time required to leave the hotel or motel room. Willful violations of this subsection shall be a misdemeanor punishable by a fine of not more than One Hundred Dollars ($100.00) and each violation shall be a separate offense. This subsection shall not apply in case of serious medical emergency requiring the room's continued use.
SECTION 51. Section 75-75-117, Mississippi Code of 1972, is amended as follows:
75-75-117. Any person who shall voluntarily engage in a pugilistic encounter, wrestling match or exhibition, for money or any other things of value, or for which an admission fee is charged, either directly or indirectly, or any person who shall be concerned directly or indirectly in the promotion of any boxing, wrestling, or sparring match or exhibition, or any person who acts or attempts to act as referee, judge, matchmaker, promoter, manager, trainer, director, second or timekeeper in connection with any boxing, wrestling or sparring match or exhibition in this state without first having obtained a license or permit from the commission, on conviction, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year; or by fine not less than One Hundred Dollars ($100.00) nor more than Two Thousand Dollars ($2,000.00); or by imprisonment in the county jail not less than thirty (30) days nor more than six (6) months; or by both such fine and imprisonment.
SECTION 52. Section 75-76-311, Mississippi Code of 1972, is amended as follows:
75-76-311. (1) In addition to any other penalty provided in this chapter, any person who violates any provision of Sections 75-76-301 through 75-76-313, shall be punished:
(a) For the first offense, by imprisonment in the State Penitentiary or by being sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than two (2) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
(b) For a second or subsequent violation of any of these provisions, by imprisonment in the State Penitentiary or by being sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than ten (10) years, and may be further punished by a fine of not more than Ten Thousand Dollars ($10,000.00).
(2) In addition to any other penalty provided in this chapter, any person who attempts, or two (2) or more persons who conspire, to violate any provision of Sections 75-76-301 through 75-76-313 each shall be punished by imposing the penalty provided in subsection (1) of this section for the completed crime, whether or not he personally played any gambling game or used any prohibited device.
SECTION 53. Section 77-1-11, Mississippi Code of 1972, is amended as follows:
77-1-11. (1) It shall be unlawful for any public service commissioner, any candidate for public service commissioner, or any employee of the Public Service Commission or Public Utilities Staff to knowingly accept any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever, either directly or indirectly, from any person interested as owner, agent or representative, or from any person acting in any respect for such owner, agent or representative of any common or contract carrier by motor vehicle, telephone company, gas or electric utility company, or any other public utility that shall come under the jurisdiction or supervision of the Public Service Commission. Any person found guilty of violating the provisions of this subsection shall immediately forfeit his or her office or position and shall be fined not less than Five Thousand Dollars ($5,000.00), imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) year, or both.
(2) It shall be unlawful for any person interested as owner, agent or representative, or any person acting in any respect for such owner, agent or representative of any common or contract carrier by motor vehicle, telephone company, gas or electric utility, or any other public utility that shall come under the jurisdiction or supervision of the Public Service Commission to offer any gift, pass, money, campaign contribution or any emolument or other pecuniary benefit whatsoever to any public service commissioner, any candidate for public service commissioner or any employee of the Public Service Commission or Public Utilities Staff. Any party found guilty of violating the provisions of this subsection shall be fined not less than Five Thousand Dollars ($5,000.00), or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) year, or both.
(3) For purposes of this section the term "emolument" shall include salary, donations, contributions, loans, stock tips, vacations, trips, honorarium, directorships or consulting posts. Expenses associated with social occasions afforded public servants shall not be deemed a gift, emolument or other pecuniary benefit as defined in Section 25-4-103(k), Mississippi Code of 1972.
(4) For purposes of this section, a person who is a member of a water, gas, electric or other cooperative association regulated by the Public Service Commission shall not, by virtue of such membership, be deemed an owner, agent or representative of such association unless such person is acting in any respect for or as an owner, agent or representative of such association; nor shall a person who owns less than one-half of one percent (1/2 of 1%) in stock, the value thereof not to exceed Ten Thousand Dollars ($10,000.00), of any public utility that is regulated by the Public Service Commission, or of any holding company of such public utility, by virtue of such ownership, be deemed an owner, agent or representative of such public utility unless such person is acting in any respect for or as an owner, agent or representative of such public utility.
SECTION 54. Section 81-1-101, Mississippi Code of 1972, is amended as follows:
81-1-101. Any officer, director, cashier, agent, clerk or stockholder of any bank, other than a national bank, doing business in the State of Mississippi, who willfully and knowingly subscribes to or makes any false report or any false statement or entry in the books of such bank, or who knowingly subscribes or exhibits any false writing or paper with the intent to deceive any person as to the condition of such bank shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than three (3) years, or both.
SECTION 55. Section 81-5-33, Mississippi Code of 1972, is amended as follows:
81-5-33. Banks may accept and execute all such trusts and perform such duties of every description as may be committed to them by any person or corporation or that may be committed or transferred to them by order of any court of record. They may receive money in trust, take and accept by grant, assignment, transfer, devise or bequest, and hold any real or personal estate or trusts created according to the laws of this or any other state or of the United States, and execute those legal trusts in regard to the same, on such terms as may be directed or agreed upon. They may act as agent for the investment of money or the management of property for other persons, and as agent for persons and corporations for the purpose of issuing, registering, transferring or countersigning the certificates of stock, bonds or other evidences of debt of any corporation, association, municipality, state, county or public authority on such terms as may be agreed upon. They also may act as guardian for any minor or person with mental illness under the appointment of any court of record having jurisdiction of the person or estate of the minor or person with mental illness and may act as administrator or executor of the estate of any deceased person. They may act as agent or attorney in fact and as commissioner for the sale of property, both real and personal, and may act as assignee or receiver, or as trustee in mortgages or bond issues, or in any other fiduciary capacity authorized by law. They may accept trust funds or other property upon specially agreed terms and pay or deliver the same to the owners, beneficiaries or others, as the case may be, when and as the same should be paid or delivered according to the terms of the trust agreement under which it is held. Whenever under the laws of this or any other state or under the rule or order of any court, the execution of a bond for the protection of a private or court trust is required, a trust company shall be authorized to execute the bond for the protection of any trust or trust estate being administered by it.
Banking corporations created, organized and doing business under the laws of the State of Mississippi may exercise, without amendment of their charters, and under their charter authority to engage in the general business of banking, all or any of the foregoing powers. However, before any bank whose charter merely authorizes the exercise of general banking functions may exercise those powers, the previous written consent of the Commissioner of Banking and Consumer Finance shall be obtained.
Banks exercising any or all of those powers shall segregate all assets held in any fiduciary capacity from the general assets of the bank and shall keep a separate set of books and records showing in proper detail all transactions engaged in under the authority of this section or under the authority granted to them in their charter or otherwise. Those books and records shall be inspected and examined by the state bank examiners at each and every examination of the bank.
No bank shall receive in its trust department deposits of current funds subject to check or the deposit of checks, drafts, bills of exchange or other items for collection or exchange purposes. Funds deposited or held in trust by the bank awaiting investment or distribution shall be carried in a separate account and shall not be used by the bank in the conduct of its business, unless it first sets aside in the trust department United States bonds or bonds of the State of Mississippi or any subdivision of the state, the market value of which shall at all times be not less than ten percent (10%) in excess of the total funds so held, exclusive of the portion of funds insured by the Federal Deposit Insurance Corporation.
In the event of the failure or liquidation of the bank, the owners of the funds held in trust for investment or distribution shall have a prior lien on the bonds or other securities so set apart in addition to their claim against the assets of the bank.
In any case in which the laws of this state require that one acting as trustee, executor, administrator or in any fiduciary capacity must take an oath or make an affidavit, the president, vice president, cashier or trust officer of a bank may take the necessary oath or execute the necessary affidavit.
In making investments of trust funds, it shall be unlawful for any bank to purchase securities from itself or to purchase securities in which it may be interested, directly or indirectly. However, any bank, including a national bank, authorized to do business in this state in a fiduciary capacity may, unless prohibited or otherwise limited by the instrument governing the fiduciary relationship, in the exercise of its investment discretion or at the direction of another person authorized to direct the investment of funds held by the bank as fiduciary, invest and reinvest in the securities of, or other interests in, any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 USCS Section 80a-1, et seq., as amended, notwithstanding that the banking institution or affiliate of the banking institution provides services to the investment company or investment trust, such as that of an investment advisor, custodian, transfer agent, registrar, sponsor, distributor, manager or otherwise, and receives reasonable remuneration for those services, so long as the total compensation paid by the trust or custodial estate as trustee's fees and mutual fund fees is reasonable, taking into account the nature and extent of the trustee's duties, the nature and extent of the services provided to the investment company or investment trust, and the total compensation, costs and fees that would otherwise be paid, directly or indirectly, by the trust or custodial estate if the investment were made in an investment company or investment trust for which the bank or its affiliates provided no services. With respect to any funds so invested, the banking institution shall make available by statement, prospectus or otherwise to all current income beneficiaries of an account the basis, expressed as a percentage of asset value or otherwise, upon which the remuneration is calculated. No bank shall lend to any officer, director or employee of the bank any funds held in trust by it, and any officer, director or employee making a loan, or to whom such a loan is made, shall be guilty of a felony and, upon conviction, may be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than five (5) years, or by both that fine and imprisonment, in the discretion of the court.
SECTION 56. Section 81-27-6.206, Mississippi Code of 1972, is amended as follows:
81-27-6.206. (a) An officer, director, manager, managing participant, employee, shareholder, or participant of a state trust company commits an offense if the person knowingly:
(1) Conceals information or a fact, or removes, destroys, or conceals a book or record of the state trust company for the purpose of concealing information or a fact from the commissioner or an agent of the commissioner; or
(2) For the purpose of concealing, removes or destroys any book or record of the state trust company that is material to a pending or anticipated legal or administrative proceeding.
(b) An officer, director, manager, managing participant, or employee of a state trust company commits an offense if the person knowingly makes a false entry in the books or records or in any report or statement of the state trust company.
(c) Any person committing an offense under this section is guilty of a felony and, upon conviction thereof, shall be fined not more than Ten Thousand Dollars ($10,000.00), or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than one (1) year, or both.
SECTION 57. Section 81-27-6.207, Mississippi Code of 1972, is amended as follows:
81-27-6.207. (a) Without the prior approval of a disinterested majority of the board recorded in the minutes, or if a disinterested majority cannot be obtained the prior written approval of the commissioner, a state trust company may not directly or indirectly:
(1) Sell or lease an asset of the state trust company to an officer, director, manager, managing participant, or principal shareholder or participant of the state trust company or an affiliate of the state trust company; or
(2) Purchase or lease an asset in which an officer, director, manager, managing participant, or principal shareholder or participant of the state trust company or an affiliate of the state trust company has an interest; or
(3) Subject to Section 81-27-5.201, extend credit to an officer, director, manager, managing participant, or principal shareholder or participant of the state trust company or an affiliate of the state trust company.
(b) Notwithstanding subsection (a) of this section, a lease transaction described in subsection (a)(2) of this section involving real property may not be consummated, renewed, or extended without the prior written approval of the commissioner. For purposes of this subsection only, an affiliate of the state trust company does not include a subsidiary of the state trust company.
(c) Subject to Section 81-27-5.201, a state trust company may not directly or indirectly extend credit to an employee, officer, director, manager, managing participant, or principal shareholder or participant of the state trust company or an affiliate of the state trust company, unless the extension of credit:
(1) Is made on substantially the same terms, including interest rates and collateral, as those prevailing at the time for comparable transactions by the state trust company with persons who are not employees, officers, directors, managers, managing participants, or principal shareholders, participants or affiliates of the state trust company; and
(2) Does not involve more than the normal risk of repayment or present other unfavorable features; and
(3) The state trust company follows credit underwriting procedures that are not less stringent than those applicable to comparable transactions by the state trust company with persons who are not employees, officers, directors, managers, managing participants, or principal shareholders, participants or affiliates of the state trust company.
(d) An officer, director, manager, or managing participant of the state trust company who knowingly participates in or permits a violation of this section is guilty of a felony and, upon conviction thereof, shall be fined not more than Ten Thousand Dollars ($10,000.00), or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than one (1) year, or both.
(e) The commissioner may adopt rules or regulations to administer and carry out this section, including rules or regulations to establish limits, requirements, or exemptions other than those specified by this section for particular categories of transactions.
SECTION 58. Section 83-6-35, Mississippi Code of 1972, is amended as follows:
83-6-35. Whenever it appears to the commissioner that any insurer or any director, officer, employee or agent thereof has committed a willful violation of this chapter, the commissioner may cause criminal proceedings to be instituted in the court having criminal jurisdiction for the county in which the principal office of the insurer is located, or if such insurer has no such office in the state, then in the circuit court for the First Judicial District of Hinds County against such insurer or the responsible director, officer, employee or agent thereof. Any insurer which willfully violates this chapter may be fined not more than Five Hundred Dollars ($500.00). Any individual who willfully violates this act upon conviction may be fined not more than Five Hundred Dollars ($500.00), or if such willful violation involves the deliberate perpetration of a fraud, may be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than two (2) years, or both.
SECTION 59. Section 87-1-23, Mississippi Code of 1972, is amended as follows:
87-1-23. Any person either as agent or principal, who knowingly enters into or assists in making any contracts of sale of the sort or character denounced by Section 87-1-19 for the future delivery of cotton, grain, stocks or other commodities, or who maintains or operates a bucket shop as that term is defined in Section 87-1-21, shall be guilty of a felony, and upon conviction thereof shall be fined in a sum not to exceed One Thousand Dollars ($1,000.00), or be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding two (2) years, and any person who shall be guilty of a second offense under this chapter, in addition to the penalties above described, may upon conviction, be both fined and imprisoned in the discretion of the court, and if a corporation, it shall be liable to forfeiture of all its rights and privileges as such, and the continuance of such establishment after the first conviction shall be deemed a second offense. It shall be the duty of the Attorney General to institute proceedings for the forfeiture of the charter of any corporation making itself liable to such forfeiture under the provisions of this chapter.
SECTION 60. Section 97-1-5, Mississippi Code of 1972, is amended as follows:
97-1-5. Every person who shall be convicted of having concealed, received, or relieved any felon, or having aided or assisted any felon, knowing that such person had committed a felony, with intent to enable such felon to escape or to avoid arrest, trial, conviction or punishment, after the commission of such felony, on conviction thereof shall be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years, or in the county jail not exceeding one (1) year, or by fine not exceeding One Thousand Dollars ($1,000.00), or by both; and in prosecution for such offenses it shall not be necessary to aver in the indictment or to prove on the trial that the principal has been convicted or tried.
SECTION 61. Section 97-1-7, Mississippi Code of 1972, is amended as follows:
97-1-7. Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall, where no provision is made by law for the punishment of such offense, be punished as follows: If the offense attempted to be committed be capital, such offense shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years; if the offense attempted be punishable by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or by fine and imprisonment in the county jail, then the attempt to commit such offense shall be punished for a period or for an amount not greater than is prescribed for the actual commission of the offense so attempted.
SECTION 62. Section 97-3-1, Mississippi Code of 1972, is amended as follows:
97-3-1. Every person who shall take any person over the age of fourteen (14) years unlawfully, against his or her will, and by force, menace, fraud, deceit, stratagem or duress, compel or induce him or her to marry such person or to marry any other person, or to be defiled, and shall be thereof duly convicted, shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than five (5) years and not more than fifteen (15) years.
SECTION 63. Section 97-3-3, Mississippi Code of 1972, is amended as follows:
97-3-3. (1) Any person willfully and knowingly causing, by means of any instrument, medicine, drug or other means whatever, any woman pregnant with child to abort or miscarry, or attempts to procure or produce an abortion or miscarriage shall be guilty of a felony unless the same were done by a duly licensed, practicing physician:
(a) Where necessary for the preservation of the mother's life;
(b) Where pregnancy was caused by rape.
Said person shall, upon conviction, be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year nor more than ten (10) years; provided, however, if the death of the mother results therefrom, the person procuring, causing or attempting to procure or cause the illegal abortion or miscarriage shall be guilty of murder.
(2) No act prohibited in subsection (1) of this section shall be considered exempt under the provisions of paragraph (a) thereof unless performed upon the prior advice in writing, of two (2) reputable licensed physicians.
(3) The license of any physician or nurse shall be automatically revoked upon conviction under the provisions of this section.
(4) Nothing in this section shall be construed as conflicting with Section 41-41-73.
SECTION 64. Section 97-3-4, Mississippi Code of 1972, is amended as follows:
97-3-4. (1) It shall be unlawful for any physician performing an abortion that results in the delivery of a living child to intentionally allow or cause the child to die.
(2) If the child is viable, such child shall be immediately provided appropriate medical care and comfort care necessary to sustain life. If the child is not viable, such child shall be provided comfort care. The provision of this section shall include, but not be limited to, a child born with physical or mental handicapping conditions which, in the opinion of the parent, the physician or other persons, diminishes the quality of the child's life, a child born alive during the course of an attempted abortion and a child not wanted by the parent.
(3) As used in this section the term "child" includes every infant member of the species homo sapiens who is born alive at any stage of development.
(4) Any person who violates this section shall be guilty of a felony and, upon conviction, be imprisoned for not less than one (1) year nor more than ten (10) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, and fined not more than Fifty Thousand Dollars ($50,000.00) but not less than Twenty-five Thousand Dollars ($25,000.00).
SECTION 65. Section 97-3-7, Mississippi Code of 1972, is amended as follows:
97-3-7. (1) A person is guilty of simple assault if he (a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or (b) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (c) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. However, a person convicted of simple assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or family protection specialist or family protection worker employed by the Department of Human Services or another agency, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, or a judge of a circuit, chancery, county, justice, municipal or youth court or a judge of the Court of Appeals or a justice of the Supreme Court, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment; (b) upon a legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment; or (c) upon a person who is sixty-five (65) years of age or older or a person who is a vulnerable adult as defined in Section 43-47-5, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.
(2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than twenty (20) years. However, a person convicted of aggravated assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker employed by the Department of Human Services or another agency, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, or a judge of a circuit, chancery, county, justice, municipal or youth court or a judge of the Court of Appeals or a justice of the Supreme Court, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment; (b) upon a legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment; or (c) upon a person who is sixty-five (65) years of age or older or a person who is a vulnerable adult as defined in Section 43-47-5, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.
(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section against a current or former spouse or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, other persons related by consanguinity or affinity who reside with or formerly resided with the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child and, upon conviction, the defendant shall be punished as provided under subsection (1) of this section; however, upon a third or subsequent conviction of simple domestic violence, whether against the same or another victim and within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. In sentencing, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred.
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against a current or former spouse or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant, other persons related by consanguinity or affinity who reside with or formerly resided with the defendant or a child of that person, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child and, upon conviction, the defendant shall be punished as provided under subsection (2) of this section; however, upon a third or subsequent offense of aggravated domestic violence, whether against the same or another victim and within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than five (5) nor more than twenty (20) years. In sentencing, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4).
(5) "Dating relationship" means a social relationship as defined in Section 93-21-3.
(6) Every conviction of domestic violence may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.
(7) When investigating allegations of a violation of subsection (3) or (4) of this section, law enforcement officers shall utilize the form prescribed for such purposes by the Office of the Attorney General in consultation with the sheriff's and police chief's associations.
(8) In any conviction of assault as described in any subsection of this section which arises from an incident of domestic violence, the sentencing order shall include the designation "domestic violence." The court shall forward a copy of each sentencing order bearing the designation "domestic violence" to the Office of the Attorney General.
SECTION 66. Section 97-3-13, Mississippi Code of 1972, is amended as follows:
97-3-13. Every person or officer who maliciously sends to or confines in a psychiatric hospital or institution or other place, any sane person as a person with mental illness, knowing the person to be sane, shall be guilty of a felony, and, on conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than one (1) year, or in the county jail not more than six (6) months.
SECTION 67. Section 97-3-15, Mississippi Code of 1972, is amended as follows:
97-3-15. (1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:
(a) When committed by public officers, or those acting by their aid and assistance, in obedience to any judgment of a competent court;
(b) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty;
(c) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in retaking any felon who has been rescued or has escaped;
(d) When necessarily committed by public officers, or those acting by their command in their aid and assistance, in arresting any felon fleeing from justice;
(e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;
(f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;
(g) When necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed;
(h) When necessarily committed in lawfully suppressing any riot or in lawfully keeping and preserving the peace.
(2) (a) As used in subsection (1)(c) and (d) of this section, the term "when necessarily committed" means that a public officer or a person acting by or at the officer's command, aid or assistance is authorized to use such force as necessary in securing and detaining the felon offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm; but such officer or person shall not be authorized to resort to deadly or dangerous means when to do so would be unreasonable under the circumstances. The public officer or person acting by or at the officer's command may act upon a reasonable apprehension of the surrounding circumstances; however, such officer or person shall not use excessive force or force that is greater than reasonably necessary in securing and detaining the offender, overcoming the offender's resistance, preventing the offender's escape, recapturing the offender if the offender escapes or in protecting himself or others from bodily harm.
(b) As used in subsection (1)(c) and (d) of this section the term "felon" shall include an offender who has been convicted of a felony and shall also include an offender who is in custody, or whose custody is being sought, on a charge or for an offense which is punishable, upon conviction, by death or confinement in the Penitentiary or by being sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
(c) As used in subsections (1)(e) and (3) of this section, "dwelling" means a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch.
(3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, occupied vehicle, business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred. This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties.
(4) A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1)(e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.
(5) (a) The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another is claimed as a defense.
(b) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant acted in accordance with subsection (1)(e) or (f) of this section. A defendant who has previously been adjudicated "not guilty" of any crime by reason of subsection (1)(e) or (f) of this section shall be immune from any civil action for damages arising from same conduct.
SECTION 68. Section 97-3-25, Mississippi Code of 1972, is amended as follows:
97-3-25. Any person convicted of manslaughter shall be fined in a sum not less than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than one (1) year, or both, or in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than two (2) years, nor more than twenty (20) years.
SECTION 69. Section 97-3-49, Mississippi Code of 1972, is amended as follows:
97-3-49. A person who willfully, or in any manner, advises, encourages, abets, or assists another person to take, or in taking, the latter's life, or in attempting to take the latter's life, is guilty of felony and, on conviction, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years, or by fine not exceeding One Thousand Dollars ($1,000.00), and imprisonment in the county jail not exceeding one (1) year.
SECTION 70. Section 97-3-51, Mississippi Code of 1972, is amended as follows:
97-3-51. (1) For the purposes of this section, the following terms shall have the meaning herein ascribed unless the context otherwise clearly requires:
(a) "Child" means a person under the age of fourteen (14) years at the time a violation of this section is alleged to have occurred.
(b) "Court order" means an order, decree or judgment of any court of this state which is competent to decide child custody matters.
(2) It shall be unlawful for any noncustodial parent or relative with intent to violate a court order awarding custody of a child to another to remove the child from this state or to hold the child out of state after the entry of a court order.
(3) Any person convicted of a violation of subsection (2) of this section shall be guilty of a felony and may be punished by a fine of not more than Two Thousand Dollars ($2,000.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed three (3) years, or by both such fine and imprisonment.
(4) The provisions of this section shall not be construed to repeal, modify or amend any other criminal statute of this state.
SECTION 71. Section 97-3-59, Mississippi Code of 1972, is amended as follows:
97-3-59. Every person who, from premeditated design or with intent to kill or commit any felony, shall mutilate, disfigure, disable or destroy the tongue, eye, lip, nose, or any other limb or member of any person, shall be guilty of mayhem, and, on conviction thereof, shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than seven (7) years or in the county jail not less than six (6) months.
SECTION 72. Section 97-3-61, Mississippi Code of 1972, is amended as follows:
97-3-61. Every person who shall mingle any poison with any food, drink, or medicine with intent to kill or injure any human being, or who shall willfully poison any well, spring, or reservoir of water, shall, upon conviction, be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years, or in the county jail not exceeding one (1) year, or by fine not exceeding One Thousand Dollars ($1,000.00), or both.
SECTION 73. Section 97-3-63, Mississippi Code of 1972, is amended as follows:
97-3-63. Every person who shall be convicted of having administered, or having caused or procured to be administered, any poison to any human being with intent to kill such human being, whereof death shall not ensue, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not less than ten (10) years.
SECTION 74. Section 97-3-75, Mississippi Code of 1972, is amended as follows:
97-3-75. Every person convicted of robbery shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not more than fifteen (15) years.
SECTION 75. Section 97-3-91, Mississippi Code of 1972, is amended as follows:
97-3-91. When any person shall be physically injured in handling, sawing, squaring, or otherwise manufacturing such trees, logs, or timber into lumber, or other sawmill products, by reason of such metallic or explosive substances having been driven, inserted or placed in such timber, trees, or logs, the person so offending shall be guilty of a felony and, on conviction, shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a period of not more than ten (10) years.
SECTION 76. Section 97-3-101, Mississippi Code of 1972, is amended as follows:
97-3-101. (1) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(a), (b) or (2) shall be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a period of not more than thirty (30) years, and for a second or subsequent such offense shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than forty (40) years.
(2) (a) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is at least eighteen (18) but under twenty-one (21) years of age shall be imprisoned for not more than five (5) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or fined not more than Five Thousand Dollars ($5,000.00), or both;
(b) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(c) who is twenty-one (21) years of age or older shall be imprisoned not more than thirty (30) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or fined not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense.
(3) Every person who shall be convicted of sexual battery under Section 97-3-95(1)(d) who is eighteen (18) years of age or older shall be imprisoned for life in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years.
(4) Every person who shall be convicted of sexual battery who is thirteen (13) years of age or older but under eighteen (18) years of age shall be sentenced to such imprisonment, fine or other sentence as the court, in its discretion, may determine.
SECTION 77. Section 97-3-107, Mississippi Code of 1972, is amended as follows:
97-3-107. (1) Any person who willfully, maliciously and repeatedly follows or harasses another person, or who makes a credible threat, with the intent to place that person in reasonable fear of death or great bodily injury is guilty of the crime of stalking, and upon conviction thereof shall be punished by imprisonment in the county jail for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. A violation of this subsection by a person required to register as a sex offender for a sex offense listed in Section 45-33-23, in this state or another jurisdiction, whether state, federal or military, where the victim is under the age of eighteen (18) years, is a felony subject to a fine of Two Thousand Dollars ($2,000.00) and imprisonment for two (2) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
(2) Any person who violates subsection (1) of this section when there is a valid temporary restraining order, ex parte protective order, protective order after hearing, court approved consent agreement, or an injunction issued by a municipal, justice, county, circuit or chancery court, federal or tribal court or by a foreign court of competent jurisdiction in effect prohibiting the behavior described in subsection (1) of this section against the same party, shall be punishable by imprisonment in the county jail for not more than one (1) year and by a fine of not more than One Thousand Five Hundred Dollars ($1,500.00). A violation of this subsection by a person required to register as a sex offender for a sex offense listed in Section 45-33-23, in this state or another jurisdiction, whether state, federal or military, where the victim is under the age of eighteen (18) years, is a felony subject to a fine of Three Thousand Dollars ($3,000.00) and imprisonment for two (2) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
(3) A second or subsequent conviction occurring within seven (7) years of a prior conviction under subsection (1) of this section against the same victim, and involving an act of violence or "a credible threat" of violence as defined in subsection (5) of this section, shall be punishable by imprisonment for not more than three (3) years and by a fine of not more than Two Thousand Dollars ($2,000.00). A second or subsequent conviction under this subsection by a person required to register as a sex offender for a sex offense listed in Section 45-33-23, in this state or another jurisdiction, whether state, federal or military, where the victim is under the age of eighteen (18) years, is punishable by imprisonment for six (6) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, and a fine of Four Thousand Dollars ($4,000.00).
(4) For the purposes of this section, "harasses" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the person. "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
(5) For the purposes of this section, "a credible threat" means a threat made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety.
SECTION 78. Section 97-5-1, Mississippi Code of 1972, is amended as follows:
97-5-1. If the father or mother of any child under the age of six (6) years, or any other person having the lawful custody of such child, or to whom such child shall have been confided, shall expose such child in any highway, street, field, house, outhouse, or elsewhere, with intent wholly to abandon it, such person shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than seven (7) years, or in the county jail not more than one (1) year.
SECTION 79. Section 97-5-5, Mississippi Code of 1972, is amended as follows:
97-5-5. Every person who shall maliciously, willfully, or fraudulently lead, take, carry away, decoy or entice away, any child under the age of fourteen (14) years, with intent to detain or conceal such child from its parents, guardian, or other person having lawful charge of such child, or for the purpose of prostitution, concubinage, or marriage, shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years, or imprisoned in the county jail not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or both.
SECTION 80. Section 97-5-41, Mississippi Code of 1972, is amended as follows:
97-5-41. (1) Any person who shall have carnal knowledge of his or her unmarried stepchild or adopted child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, upon conviction, shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding ten (10) years.
(2) Any person who shall have carnal knowledge of an unmarried child younger than himself or herself and over fourteen (14) and under eighteen (18) years of age, with whose parent he or she is cohabiting or living together as husband and wife, upon conviction, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding ten (10) years.
SECTION 81. Section 97-5-42, Mississippi Code of 1972, is amended as follows:
97-5-42. (1) (a) For purposes of this section, a conviction of felony parental child sexual abuse shall include any nolo contendere plea, guilty plea or conviction at trial to any offense enumerated in Section 93-15-103(3)(g) or any other statute of the State of Mississippi whereby a parent may be penalized as a felon on account of sexual abuse of his or her own child; and shall include any conviction by plea or trial in any other state of the United States to an offense whereby a parent may be penalized as a felon for sexual abuse of his or her own child under the laws of that state, or which would be so penalized for such conduct had the act or acts been committed in the State of Mississippi.
(b) A certified copy of the court order or judgment evidencing such a conviction shall be accepted by any public office with responsibilities pursuant to this section, and by any court in the State of Mississippi, as conclusive evidence of the conviction.
(2) (a) No person who has been convicted of felony parental child sexual abuse shall contact or attempt to contact the victim child without the prior express written permission of the child's then legal custodian, who may be the other parent, a guardian, person in loco parentis or person with legal or physical custody of a child.
(b) No person who has been convicted of felony parental child sexual abuse shall harass, threaten, intimidate or by any other means menace the victim child or any legal custodian of the child, who may be the other parent, a guardian, person in loco parentis or person with legal or physical custody of a child.
(c) Any person who believes that a person who has been convicted of felony parental child sexual abuse may violate the provisions of subsection (2)(a) or (2)(b) of this section may register with the sheriff and any municipal law enforcement agency of the child's county and municipality of residence, setting forth the factual basis for that belief which shall include a certified copy of the court order or judgment evidencing the conviction of the child sexual abuse felon. The sheriff's office of each county and all municipal law enforcement agencies shall maintain a separate and distinct register for the purpose of recording the data required herein, and shall advise the reporting party of how emergency contact can be made with that office at any time with respect to a threatened violation of subsection (2)(a) or (2)(b) of this section. Immediate response with police protection shall be provided to any emergency contact made pursuant to this section, which police protection shall be continued in such reasonable manner as to deter future violations and protect the child and any person with legal custody of the child.
(d) Any person who has been convicted of felony parental child sexual abuse who violates subsection (2)(a) of this section shall, upon conviction, be punished by imprisonment in the county jail for not more than one (1) year. Any person who has been convicted of felony parental child sexual abuse who violates subsection (2)(b) of this section shall, upon conviction, be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than five (5) years.
(3) No person who has been convicted of felony parental child sexual abuse shall be entitled to have parental or other visitation rights as to that child who was the victim, unless he or she files a petition in the chancery court of the county in which the child resides, reciting the conviction, and joining as parties defendant any other parent, guardian, person standing in loco parentis or having legal or physical custody of the child. A guardian ad litem shall be appointed to represent the child at petitioner's expense. The court shall appoint a qualified psychologist or psychiatrist to conduct an independent examination of the petitioner to determine whether contact with that person poses a physical or emotional risk to the child, and report to the court. Such examination shall be at petitioner's expense. The court shall require any such petitioner to deposit with the court sufficient funds to pay expenses chargeable to a petitioner hereunder, the amount of such deposit to be within the discretion of the chancellor. Any defendant and the child through his or her guardian ad litem shall be entitled to a full evidentiary hearing on the petition. In no event shall a child be required to testify in court or by deposition, or be subjected to any psychological examination, without the express consent of the child through his or her guardian ad litem. Such guardian ad litem shall consult with the child's legal guardian or custodians before consenting to such testimony or examination. At any hearing there is a rebuttable presumption that contact with the child poses a physical and emotional risk to the child. That presumption may be rebutted and visitation or contact allowed on such terms and conditions that the chancery court shall set only upon specific written findings by the court that:
(a) Contact between the child and the offending parent is appropriate and poses minimal risk to the child;
(b) If the child has received counseling, that the child's counselor believes such contact is in the child's best interest;
(c) The offending parent has successfully engaged in treatment for sex offenders or is engaged in such treatment and making progress; and
(d) The offending parent's treatment provider believes contact with the child is appropriate and poses minimal risk to the child. If the court, in its discretion, allows visitation or contact it may impose such conditions to the visitation or contact which it finds reasonable, including supervision of contact or visitation by a neutral and independent adult with a detailed plan for supervision of any such contact or visitation.
SECTION 82. Section 97-7-11, Mississippi Code of 1972, is amended as follows:
97-7-11. If any person shall enter into any agreement, combination or conspiracy to defraud the State of Mississippi, or any department or political subdivision thereof, by obtaining or aiding to obtain the payment or allowance from the public funds of the state, or of any department or political subdivision thereof, of any false or fraudulent claim, he shall be subject to indictment therefor, and upon conviction thereof, shall be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed five (5) years, or shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment, within the discretion of the court.
SECTION 83. Section 97-7-13, Mississippi Code of 1972, is amended as follows:
97-7-13. If any person, with intent to defraud the State of Mississippi, or any department or political subdivision thereof, shall enter into any agreement, combination or conspiracy to defeat, by any unlawful or fraudulent means, the payment of any just claim or penalty due the State of Mississippi, or any department or political subdivision thereof, or to prevent, by any unlawful or fraudulent means, the prosecution of suit for the proper enforcement of any such claim or penalty, or to defraud the State of Mississippi or any department or political subdivision thereof, in any manner, or for any purpose, he shall be guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed five (5) years, or by imprisonment in the county jail for not more than six (6) months, or by fine of not more than One Thousand Dollars ($1,000.00), or by both such imprisonment and fine, within the discretion of the court.
SECTION 84. Section 97-7-33, Mississippi Code of 1972, is amended as follows:
97-7-33. It shall be unlawful for any person or persons to willfully and knowingly, whether orally or in writing, make or cause to be made, to any agency, or board, or commission, or member, or officer or official, or appointee, or employee, or representative thereof, of the executive, or the legislative, or the judicial department, of the United States or any subdivision thereof, which may be now in existence, or who may be now appointed, or hereafter created or appointed, including, but not limited to, any commissioner, or referee, or voting referee now appointed or who may be hereafter appointed by any court of the United States or any judge thereof, and further, including, but not limited to, any member of the Federal Bureau of Investigation and any agent or representative, or investigator, or member of the Commission on Civil Rights of the United States, or the Advisory Committee or Board of the Commission on Civil Rights of the United States appointed in and for the State of Mississippi, any false or fictitious or fraudulent statement or statements, or to use any false writing or document asserting or claiming, that such person, or persons, or any other person or persons have been, or are about to be denied or deprived of any right, or privilege, or immunity granted or secured to them, or to any of them, by the United States Constitution and laws, or by the Mississippi Constitution and laws, by any officer, or agency, or employee, or representative, or board, or commission, or any member thereof of the State of Mississippi, or of any county or municipality, of the State of Mississippi, or of any other political subdivision of the State of Mississippi, or by the State of Mississippi and any person or persons violating the provisions of this section shall be guilty of the crime of making a false statement, which is created by this section, a felony, and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than six (6) months nor more than five (5) years in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or, by both such fine and imprisonment.
SECTION 85. Section 97-7-35, Mississippi Code of 1972, is amended as follows:
97-7-35. (1) It shall be unlawful for any person or persons to willfully and knowingly make any oral or written sworn false statement, or affidavit, or attestation, or complaint, or allegation before any individual or officer authorized to administer oaths, to any agency, or board, or commission, or member, or official, or appointee, or employee, or representative thereof, of the executive, or the legislative, or the judicial department, of the United States, or any subdivision thereof, which may be now in existence, or who may be now appointed, or hereafter created or appointed, including, but not limited to, any member of the Federal Bureau of Investigation and any agent, or representative, or investigator, or member of the Commission on Civil Rights of the United States, or the Advisory Committee or Board of the Commission on Civil Rights of the United States appointed in and for the State of Mississippi, that such person, or persons, or other persons have been or are about to be deprived of any right, or privilege, or immunity granted or secured by the United States Constitution and laws or by the Mississippi Constitution and laws, by any officer, or agency, or employee, or representative, or board, or commission, or any member thereof of the State of Mississippi, or of any county or municipality, of the State of Mississippi, or of any other political subdivision of the State of Mississippi, or by the State of Mississippi, and any person or persons violating the provisions of this section shall be guilty of the crime of false swearing which is created by this section, a felony, and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than six (6) months nor more than five (5) years in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or a fine of not less than one hundred dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
(2) Corroboration or proof by more than one (1) witness to establish the falsity of testimony or statements under oath is not required in prosecutions under this section. It shall not be necessary to prove, to sustain or charge under this section, that the oath or matter sworn to was material, or, if before an executive, legislative or judicial tribunal committee or commission that the tribunal committee or commission had jurisdiction.
SECTION 86. Section 97-7-37, Mississippi Code of 1972, is amended as follows:
97-7-37. (1) It shall be unlawful for any person or persons to willfully make any oral or written sworn false statements or affidavit or attestation or complaint or allegation before any individual or officer authorized to administer oaths, that such person or persons or other persons have been or are about to be deprived of any right or privilege or immunity granted or secured by the United States Constitution and laws, or either, or by the Mississippi Constitution and laws, or either, knowing the same, or any material part thereof to be false, with the intent or purpose to cause or encourage an investigation or which causes or contributes in any way to causing an investigation thereof, or any other action to be taken as a result thereof by any executive or legislative or judicial department, officer or agent, or representative of the United States, including, but not limited to, any member of the Federal Bureau of Investigation or member or representative or employee of, the Commission on Civil Rights created by an act of the Congress of the United States, or the State Advisory Group or Council, or Committee of the Commission on Civil Rights appointed in or for the State of Mississippi, and any person or persons violating the provisions of this section shall be guilty of the crime of false swearing which is created by this section, a felony, and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than six (6) months nor more than five (5) years in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or a fine of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
(2) Corroboration or proof by more than one (1) witness to establish the falsity of testimony or statements under oath is not required in prosecutions under this section. It shall not be necessary to prove, to sustain any charge under this section, that the oath or matter sworn to was material, or, if before an executive, legislative or judicial tribunal, committee, or commission that the tribunal, committee, or commission had jurisdiction.
SECTION 87. Section 97-7-42, Mississippi Code of 1972, is amended as follows:
97-7-42. Whoever knowingly obtains or attempts to obtain, or aids or abets any person to obtain food coupons, by means of a willfully false statement or representation or by impersonation or in any manner not authorized by law or regulations issued by the State Department of Human Services, or presents or causes to be presented any food coupons to which he is not entitled or food coupons of a greater value than that to which he is justly entitled shall be guilty of a misdemeanor and, upon conviction thereof, be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than one (1) year, or both, in the discretion of the court; provided further, that any person who sells or gives coupons which he legally possesses to another person, and any person not legally entitled to coupons who accepts or purchases same, shall be guilty of a misdemeanor and upon conviction thereof be fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than one (1) year, or both, in the discretion of the court. Each violation shall be a separate and distinct offense; and any person committing a third offense shall be guilty of a felony and, upon conviction thereof, be fined not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00) or imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) nor more than five (5) years, or both, in the discretion of the court.
SECTION 88. Section 97-7-45, Mississippi Code of 1972, is amended as follows:
97-7-45. Every person who willfully, and by force or fraud, prevents, or attempts to prevent, the Legislature, or either of the houses composing it, or any of the members thereof, from meeting or organizing, shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years.
SECTION 89. Section 97-7-49, Mississippi Code of 1972, is amended as follows:
97-7-49. Every person who fraudulently alters, destroys, or mutilates the draft of any bill or resolution which has been presented to either house composing the Legislature, or the engrossed copy thereof, to be passed or adopted, with intent to procure it to be passed or adopted by either house, or signed or certified by the presiding officer of either house, in language different than that intended by such house, shall be guilty of a felony, and, on conviction, shall be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years.
SECTION 90. Section 97-7-51, Mississippi Code of 1972, is amended as follows:
97-7-51. Every person who fraudulently alters, destroys, or mutilates the enrolled copy of any bill or resolution which has been passed or adopted by the Legislature of this state, with intent to procure it to be approved by the Governor, or certified by the Secretary of State, or printed or published as a statute or law, in language different from that in which it was passed or adopted by the Legislature, shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act not exceeding ten (10) years.
SECTION 91. Section 97-7-53, Mississippi Code of 1972, is amended as follows:
97-7-53. Every person who gives or offers to give a bribe to any member of the Legislature, or to another person for him, or attempts by menace, deceit, suppression of truth, or any corrupt means to influence a member in giving or withholding his vote, or in not attending the house or any committee of which he is a member, shall be guilty of a felony, and, upon conviction, shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years.
SECTION 92. Section 97-7-55, Mississippi Code of 1972, is amended as follows:
97-7-55. Every member of either house composing the Legislature who asks, receives, or agrees to receive any bribe, upon any understanding, express or implied, that his official vote, opinion, judgment, or action shall be influenced thereby, or shall be given in any particular manner or upon any particular side of any question or matter upon which he may be required to act in his official capacity, or gives or offers or promises to give any official vote in consideration that another member of the Legislature shall give any such vote, either upon the same or another question, shall be guilty of a felony, and, upon conviction, shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year nor more than ten (10) years.
SECTION 93. Section 97-7-57, Mississippi Code of 1972, is amended as follows:
97-7-57. Every person who obtains, or seeks to obtain, money or other thing of value from another person upon a pretense, claim or representation that he can or will improperly influence, in any manner, the action of any member of the Legislature or officer thereof, in regard to any vote or legislative matter, shall be guilty of felony, and, upon conviction, shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years.
SECTION 94. Section 97-7-65, Mississippi Code of 1972, is amended as follows:
97-7-65. If any person shall be guilty of cutting or rafting any cypress, pine, oak, persimmon, gum, hickory, pecan, walnut, mulberry, poplar, cottonwood, sassafras, or ash trees, or other merchantable timber upon any lands belonging to this state or held in trust by this state, such person shall be guilty of crime, and on conviction, if the value of the trees or timber so cut or rafted shall be Twenty-five Dollars ($25.00) or more, such person shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding five (5) years; and if the value of the said trees or timber so cut or rafted shall be under Twenty-five Dollars ($25.00), such person shall be imprisoned in the county jail not exceeding six (6) months or fined in a sum not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or both.
SECTION 95. Section 97-7-67, Mississippi Code of 1972, is amended as follows:
97-7-67. If any person shall levy war against this state, or adhere to its enemies, giving them aid and comfort, he shall be guilty of treason, and, shall, upon conviction, suffer death or imprisonment for life in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
SECTION 96. Section 97-7-71, Mississippi Code of 1972, is amended as follows:
97-7-71. Any person who advocates in writing or in print or verbally, or otherwise, the overthrow of the constitution or government of the United States or the constitution or the government of the State of Mississippi, by violence, shall be deemed guilty of a felony and on conviction be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than three (3) and not more than twenty (20) years.
SECTION 97. Section 97-9-3, Mississippi Code of 1972, is amended as follows:
97-9-3. The stealing and carrying away, or fraudulently withdrawing, concealing, or destroying or taking away any record, paper, or proceeding of a court of justice, or any paper or proceeding filed or deposited with any officer or in any public office, shall be larceny without reference to the value of the record, paper, or proceeding so stolen, taken away, or destroyed, and shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than five (5) years, or in the county jail not more than one (1) year, and by fine not exceeding Five Hundred Dollars ($500.00), or both.
SECTION 98. Section 97-9-5, Mississippi Code of 1972, is amended as follows:
97-9-5. If any person drawn, summoned, chosen, or appointed as a juror, arbitrator, or referee shall, corruptly take or receive any gratuity, gift, or reward whatever, or any promise thereof, or if the wife of such person, with his knowledge and consent, shall so take or receive, to influence any verdict, award, or report of such juror, arbitrator, or referee, he shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than five (5) years, or in the county jail not more than one (1) year, or fined One Thousand Dollars ($1,000.00), or both, and any person who shall make or offer any such gratuity, reward, or any promise thereof, shall, on conviction, suffer the same penalty.
SECTION 99. Section 97-9-7, Mississippi Code of 1972, is amended as follows:
97-9-7. Every person having a knowledge of the actual commission of any offense punishable by death or by imprisonment in the Penitentiary for life, who shall take any money or property of another, or any gratuity or reward, or any engagement or promise therefor, upon any agreement or understanding, express or implied, to compound or conceal any such crime, or to abstain from any prosecution thereof, or to withhold any evidence thereof, shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years, or in the county jail not exceeding one (1) year.
SECTION 100. Section 97-9-13, Mississippi Code of 1972, is amended as follows:
97-9-13. Any person violating any of the provisions of Section 97-9-11 shall be guilty of maintenance and, upon conviction thereof, shall be punished by imprisonment for one (1) year in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
SECTION 101. Section 97-9-27, Mississippi Code of 1972, is amended as follows:
97-9-27. Every person who shall convey into the Penitentiary, jail, or other place of confinement any disguise, instrument, arms, or other things useful to any prisoner in his escape, with the intent thereby to facilitate the escape of any prisoner lawfully committed to or detained in such prison, jail, or place for any felony whatever, whether such escape be effected or attempted or not, shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years.
SECTION 102. Section 97-9-29, Mississippi Code of 1972, is amended as follows:
97-9-29. Every person who shall, by any means whatever, aid or assist any prisoner lawfully detained in the Penitentiary, or in any jail or place of confinement for any felony, in an attempt to escape therefrom, whether such escape be effective or not, or who shall forcibly rescue any prisoner held in legal custody upon any criminal charge, shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years.
SECTION 103. Section 97-9-35, Mississippi Code of 1972, is amended as follows:
97-9-35. If any officer, or guard of the Penitentiary, or any other person, shall, while any convict is under his keeping or charge, willfully or negligently permit such convict to escape from custody, the person so offending shall be subject to indictment therefor, and, on conviction, shall be fined not more than One Thousand Dollars ($1,000.00) and be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year nor more than two (2) years, or in the county jail not less than six (6) months, or shall be punished by both such fine and imprisonment.
SECTION 104. Section 97-9-41, Mississippi Code of 1972, is amended as follows:
97-9-41. Every person who shall knowingly conceal or harbor any prisoner or convict who has escaped from the lawful custody of any officer, jail, prison, or the Penitentiary, within this state shall be guilty of a felony and upon conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed five (5) years.
SECTION 105. Section 97-9-47, Mississippi Code of 1972, is amended as follows:
97-9-47. Every person lawfully imprisoned in the Penitentiary for any term less than life, who shall attempt, by force or violence to any person, to escape from such prison, whether such escape be effected or not, shall, upon conviction, be adjudged to imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not less than five (5) years, to commence after the termination of the imprisonment to which such person shall have been sentenced at the time of such attempt.
SECTION 106. 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 Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) 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 107. Section 97-9-55, Mississippi Code of 1972, is amended as follows:
97-9-55. If any person or persons by threats, force or abuse, attempt to intimidate or otherwise influence a judge, justice court judge, juror, or one whose name has been drawn for jury service, witness, prosecuting or defense attorney or any other officer in the discharge of his duties, or by such force, abuse or reprisals or threats thereof after the performance of such duties, or to obstruct or impede the administration of justice in any court, he shall, upon conviction, be punished by imprisonment not less than one (1) month in the county jail nor more than two (2) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or by a fine not exceeding Five Hundred Dollars ($500.00), or both such fine and imprisonment.
SECTION 108. Section 97-9-61, Mississippi Code of 1972, is amended as follows:
97-9-61. Persons convicted of perjury shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, as follows: For perjury committed on the trial of any indictment for a capital offense or for any other felony, for a term not less than ten (10) years; for perjury committed on any other judicial trial or inquiry, or in any other case, for a term not exceeding ten (10) years.
SECTION 109. Section 97-9-63, Mississippi Code of 1972, is amended as follows:
97-9-63. Every person who shall unlawfully or corruptly procure any witness, by any means whatever, to commit willful and corrupt perjury in any case, matter, or proceedings, in or concerning which such witness shall be legally sworn and examined, shall be guilty of subornation of perjury, and shall not thereafter be received as a witness to be sworn in any matter or cause whatever, until the judgment against him be reversed, and shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years.
SECTION 110. Section 97-9-65, Mississippi Code of 1972, is amended as follows:
97-9-65. Every person who shall, by the offer of any valuable consideration, attempt, unlawfully and corruptly, to procure any other person to commit willful and corrupt perjury as a witness in any cause, matter, or proceeding in or concerning which such other person might by law be examined as a witness, shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years.
SECTION 111. Section 97-9-77, Mississippi Code of 1972, is amended as follows:
97-9-77. If any person shall willfully alter or destroy any will or codicil without the consent of the party making the same, or shall willfully secrete the same after the death of the testator shall be known to him, the person so offending, on conviction, shall be fined, or imprisoned in the county jail, or both; or shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding two (2) years.
SECTION 112. Section 97-11-1, Mississippi Code of 1972, is amended as follows:
97-11-1. If any clerk of any court, or public officer or any other person, shall wittingly make any false entry, or erase any work or letter, or change any record belonging to any court or public office, whether in his keeping or not, he shall, on conviction thereof, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding ten (10) years, and be liable to the action of the party aggrieved.
SECTION 113. Section 97-11-11, Mississippi Code of 1972, is amended as follows:
97-11-11. Every person who shall promise, offer or give to any officer, agent or trustee, either public or private, while holding such office, agency or trust, or after he has become a candidate or applicant for the same, any money, goods, chattels, right in action, or other property, real or personal, with intent to influence his vote, opinion, action or judgment on any question, matter, cause or proceeding which may be then pending, or may be thereafter subject to vote, opinion, action or judgment of such officer, agent or trustee, shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than ten (10) years, or fined not more than Five Thousand Dollars ($5,000.00), or both, and shall be forever disqualified from holding any public office, trust or appointment, and shall forfeit his office, if any be held.
SECTION 114. Section 97-11-13, Mississippi Code of 1972, is amended as follows:
97-11-13. If any officer, agent or trustee shall accept any gift, offer or promise, prohibited by Section 97-11-11, he shall, on conviction, be forever disqualified from holding any public office, trust or appointment, and shall forfeit his office, if any be held, and be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than ten (10) years, or be fined not more than Five Thousand Dollars ($5,000.00), or both.
SECTION 115. Section 97-11-27, Mississippi Code of 1972, is amended as follows:
97-11-27. If any officer or agent of this state, or of any county or subdivision of a county, or of any city, town, or village therein, in whose hands money, books, records, papers, or anything else required by law to be delivered by him to his successor in office or other person authorized by law to receive or have charge of the same, may be, shall willfully and not in good faith refuse or neglect, on demand, to so deliver the same, he shall, on conviction, be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than ten (10) years, or be fined not more than One Thousand Dollars ($1,000.00) and be imprisoned in the county jail not more than one (1) year.
SECTION 116. Section 97-11-53, Mississippi Code of 1972, is amended as follows:
97-11-53. As used in this section the following words shall have the following meaning:
(1) Person: individual, firm, corporation, association, partnership or other legal entity.
(2) Public official:
(a) Any elected official of the State of Mississippi or of any political subdivision thereof, or
(b) Any officer, director, commissioner, supervisor, chief, head, agent or employee of:
(i) The State of Mississippi,
(ii) Any agency of the State of Mississippi,
(iii) Any political subdivision of the State of Mississippi,
(iv) Any body politic of the State of Mississippi, or
(v) Any entity created by or under the laws of the State of Mississippi or by Executive Order of the Governor of the State of Mississippi and which expends public funds.
No person shall directly or indirectly offer, promise, give or agree to give to any public official or his spouse any money, property, or other tangible or intangible thing of value as an inducement or incentive for (a) the awarding or refusal to award a contract by any of the entities referred to in subsections (i) through (v) of subsection (2)(b) of this section; (b) the purchase, sale or lease of property by any of the entities referred to in subsections (i) through (v) of subsection (2)(b) of this section; or (c) the accomplishment of any official act or purpose involving public funds or public trust.
Any person who violates the terms of this section shall be guilty of a felony and shall, upon conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than ten (10) years, or be fined not more than Five Thousand Dollars ($5,000.00), or both; and in addition such person and the firm, corporation, partnership, association or other type of business entity which he represents shall be barred for a period of five (5) years from the date of conviction from doing business with the State of Mississippi or any political subdivision thereof or any other public entity referred to in this section.
No public official shall directly or indirectly accept, receive, offer to receive or agree to receive any gift, offer, or promise of any money, property or other tangible or intangible thing of value as an inducement or incentive for (a) the awarding or refusal to award a contract by any of the entities referred to in subsections (i) through (v) of subsection (2)(b) of this section; (b) the purchase, sale or lease of property by any of the entities referred to in subsections (i) through (v) of subsection (2)(b) of this section; or (c) the accomplishment of any official act or purpose involving public funds or public trust.
Any public official who violates the terms of this section or whose spouse does so with his knowledge and consent, shall be guilty of a felony and shall, upon conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than ten (10) years, or be fined not more than Five Thousand Dollars ($5,000.00), or both; and in addition, upon conviction such public official shall forfeit his office, if any he hold, and be forever disqualified from holding any public office, trust, appointment or employment with the State of Mississippi or any political subdivision thereof or with any other public entity referred to in this section.
Each violation of the provisions of this section shall constitute a separate offense.
SECTION 117. Section 97-13-1, Mississippi Code of 1972, is amended as follows:
97-13-1. If any elector, manager, clerk or canvasser at any election, or any executive officer attending the same, shall receive any gift, reward, or promise thereof or if any person shall offer such gift, reward, or promise thereof to influence any elector, clerk, canvasser, or any executive officer attending any election in his vote, opinion, action, or judgment in relation to such election, the person so offending shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than two (2) years or in a county jail not more than one (1) year, or be fined One Thousand Dollars ($1,000.00), or both.
SECTION 118. Section 97-13-9, Mississippi Code of 1972, is amended as follows:
97-13-9. If any manager or clerk of any general or special election shall knowingly make or consent to any false entry on the list of persons voting, or shall permit to be put in the ballot-box any ballot not given by a voter, or shall take out of such box, or permit to be so taken out, any ballot deposited therein except in the manner prescribed by law, or shall, by any other act or omission, designedly destroy or change the ballots given by the electors, he shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding five (5) years.
SECTION 119. Section 97-13-19, Mississippi Code of 1972, is amended as follows:
97-13-19. If any manager, clerk, or any other officer whatever, assisting or engaged in conducting any election, or charged with any duty in reference to any election, shall designedly omit to do any official act required by law, or designedly do any illegal act in relation to any general or special election, by which act or omission the votes taken at any such election in any district shall be lost, or the electors thereof shall be deprived of their suffrage at such election, or shall designedly do any act which shall render such election void, or shall be guilty of any corrupt conduct or partiality in his official capacity at such election, he shall, upon conviction, be imprisoned, in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding two (2) years.
SECTION 120. Section 97-13-23, Mississippi Code of 1972, is amended as follows:
97-13-23. If any manager or returning officer shall fail or refuse to make return of the votes cast in any election, as required of him, he shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years.
SECTION 121. Section 97-13-25, Mississippi Code of 1972, is amended as follows:
97-13-25. Any person who shall knowingly procure his registration as a qualified elector, when he is not entitled to be registered as such, or under a false name, or as a qualified elector in any other election district than that in which he resides, shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed ten (10) years.
SECTION 122. Section 97-13-27, Mississippi Code of 1972, is amended as follows:
97-13-27. If any registrar appointed by law to register votes shall intentionally refuse or neglect to register any voter entitled to registration, or register any voter not entitled to registration, he shall be punished, on conviction, by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year nor more than three (3) years.
SECTION 123. Section 97-13-29, Mississippi Code of 1972, is amended as follows:
97-13-29. It shall not be lawful for any military officer or other persons to order, bring, or keep any troops of armed men at any place within a mile of the place where any general or special election is held, unless it be for the purpose of quelling a riot or insurrection, in the manner provided by law, or for the purpose of defense in time of war; and whoever shall violate the provisions of this section shall, on conviction, be punished by imprisonment in the county jail not exceeding one (1) year, or by fine not less than Five Hundred Dollars ($500.00), or both; and if the offense shall be committed with intent to influence such election, the person convicted thereof shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding two (2) years.
SECTION 124. Section 97-13-36, Mississippi Code of 1972, is amended as follows:
97-13-36. Any person who shall knowingly vote at any election in more than one (1) county or at more than one (1) place in any county, municipality or other political subdivision with the intent to have more than one (1) vote counted in any election shall be guilty of the crime of multiple voting and, upon conviction, shall be sentenced to pay a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for no more than one (1) year, or by both fine and imprisonment, or by being sentenced to the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) year nor more than five (5) years.
SECTION 125. Section 97-13-39, Mississippi Code of 1972, is amended as follows:
97-13-39. If any person shall, by illegal force, or threats of force, prevent, or endeavor to prevent, any elector from giving his vote, he shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding two (2) years, or in the county jail not exceeding one (1) year, or by fine not exceeding Five Hundred Dollars ($500.00), or both.
SECTION 126. Section 97-15-3, Mississippi Code of 1972, is amended as follows:
97-15-3. Whoever being a member of the State Highway Commission, or any engineer, agent, or other employee, acting for or on behalf of the commission, shall accept, or agree to accept, receive or agree to receive, ask or solicit, either directly or indirectly, and any person who shall give or offer to give, or promise or procure to be promised, offered or given, either directly or indirectly to any member of said commission, or to any engineer, agent, or other employee acting for and on behalf of the commission, any monies, or any contract, promise, undertaking, obligation, gratuity or security for the payment of money, or for the delivery or conveyance of anything of value or of any political appointment or influence, present, or reward of any employment or any other thing of value, with the intent to have his decision or action on any question, matter, cause or proceeding which may at the time be pending, or which may by law be brought before him in his official capacity or in his place of trust or profit, influence thereby, shall be deemed guilty of a felony, and, upon conviction, shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1), nor more than five (5) years, and shall forever after be disqualified from holding any office of trust or profit under the Constitution or laws of this state.
SECTION 127. Section 97-15-5, Mississippi Code of 1972, is amended as follows:
97-15-5. Any member of the Sate Highway Commission or any person employed by the State Highway Commission, in connection with the carrying on of the work outlined in Title 65, Mississippi Code of 1972, who shall knowingly perform any act with intent to injure the state, or any contractor or his agent, or employee, or any other person, who shall conspire with the director or with any member of the State Highway Commission, or employee thereof or with any state official, to permit a violation of any contract with intent to injure or defraud the state, or any contractor or agent, or employee of any contractor who shall knowingly do any work on any state highway in violation of contract, and with intent to defraud the state, the member of the State Highway Commission, or employee thereof, state official or contractor, or employee or agent of such contractor, or any other person so conspiring or so doing, shall be guilty of a felony, and, upon conviction thereof, shall be confined in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year, nor more than five (5) years, or be fined not less than One Thousand Dollars ($1,000.00) and not more than Five Thousand Dollars ($5,000.00), or both. In addition, any such person shall be liable to the State Highway Commission for double the amount the state may have lost by reason thereof, such liability to be covered by any bond that may have been executed by such official, contractor, or employee, the liability hereunder of the bondsmen, however, being limited to the total amount of said bond and not more.
SECTION 128. Section 97-15-25, Mississippi Code of 1972, is amended as follows:
97-15-25. If any person shall willfully or maliciously cut, break, injure, or destroy any levee constructed by authority of law, he shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than five (5) years.
SECTION 129. Section 97-17-1, Mississippi Code of 1972, is amended as follows:
97-17-1. (1) Any person who willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any dwelling house, whether occupied, unoccupied or vacant, or any kitchen, shop, barn, stable or other outhouse that is parcel thereof, or belonging to or adjoining thereto, or any state-supported school building in this state whether the property of himself or of another, shall be guilty of arson in the first degree, and, upon conviction thereof, be sentenced to the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than five (5) nor more than twenty (20) years and shall pay restitution for any damage caused.
(2) Any person convicted under this section shall be subject to treble damages for any damage caused by such person.
(3) Any property used in the commission of the offense of arson in the first degree shall be subject to forfeiture as provided in Section 97-17-4.
SECTION 130. Section 97-17-3, Mississippi Code of 1972, is amended as follows:
97-17-3. (1) Any person who willfully and maliciously sets fire to, or burns, or causes to be burned, or who is a party to destruction by explosion from combustible material, who aids, counsels, or procures the burning or destruction of any church, temple, synagogue or other established place of worship, whether in use or vacant, shall be guilty of arson in the first degree and, upon conviction therefor, shall be sentenced to the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than five (5) nor more than thirty (30) years and shall pay restitution for any damage caused.
(2) Any person observing or witnessing the destruction by fire of any state-supported school building or any church, temple, synagogue or other established place of worship, whether occupied or vacant, which fire was the result of his or her act of an accidental nature, and who willfully fails to sound the general alarm or report such fire to the local fire department or other local authorities, shall be guilty of a felony and, upon conviction therefor, shall be sentenced to the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than two (2) nor more than ten (10) years and shall pay restitution for any damage caused.
(3) Any person, who by reason of his age comes under the jurisdiction of juvenile authorities and who is found guilty under subsection (1) of this section, shall not be eligible for probation unless and until at least six (6) months' confinement has been served in a state reform school.
(4) Any person convicted under this section shall be subject to treble damages for any damage caused by such person.
(5) Any property used in the commission of arson in the first degree shall be subject to forfeiture as provided in Section 97-17-4.
SECTION 131. Section 97-17-5, Mississippi Code of 1972, is amended as follows:
97-17-5. Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any building or structure of whatsoever class or character, whether the property of himself or of another, not included or described in Section 97-17-1 or Section 97-17-3, shall be guilty of arson in the second degree, and, upon conviction thereof, be sentenced to the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) nor more than ten (10) years.
SECTION 132. Section 97-17-7, Mississippi Code of 1972, is amended as follows:
97-17-7. Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels or procures the burning of any personal property of whatsoever class or character; (such property being of the value of Twenty-five Dollars ($25.00) and the property of another person), shall be guilty of arson in the third degree and, upon conviction thereof, be sentenced to the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) nor more than three (3) years.
SECTION 133. Section 97-17-9, Mississippi Code of 1972, is amended as follows:
97-17-9. (1) Any person who willfully and maliciously attempts to set fire to or attempts to burn or to aid, counsel or procure the burning of any of the buildings or property mentioned in the foregoing sections, or who commits any act preliminary thereto, or in furtherance thereof, shall be guilty of arson in the fourth degree and, upon conviction thereof, be sentenced to the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) nor more than two (2) years or fined not to exceed One Thousand Dollars ($1,000.00).
(2) The placing or distributing of any flammable, explosive or combustible material or substance, or any device in any building or property mentioned in the foregoing sections in an arrangement or preparation with intent to eventually, willfully and maliciously set fire to or burn same, or to procure the setting fire to or burning of same shall, for the purposes of this section constitute an attempt to burn such building or property.
SECTION 134. Section 97-17-11, Mississippi Code of 1972, is amended as follows:
97-17-11. Any person who willfully and with intent to injure or defraud the insurer sets fire to or burns or attempts so to do or who causes to be burned or who aids, counsels or procures the burning of any building, structure or personal property, of whatsoever class or character, whether the property of himself or of another, which shall at the time be insured by any person, company or corporation against loss or damage by fire, shall be guilty of a felony and, upon conviction thereof, be sentenced to the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not less than one (1) nor more than ten (10) years.
SECTION 135. Section 97-17-13, Mississippi Code of 1972, is amended as follows:
97-17-13. (1) If any person willfully, maliciously, and feloniously sets on fire any woods, meadow, marsh, field or prairie, not his own, he is guilty of a felony and shall, upon conviction, be sentenced to the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than two (2) years nor less than one (1) year, or fined not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), or both, in the discretion of the court.
(2) (a) If any person recklessly or with gross negligence causes fire to burn any woods, meadow, marsh, field or prairie, not his own, he is guilty of a misdemeanor and shall, on conviction, be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than three (3) months, or both, in the discretion of the court.
(b) If a person has a brush or debris pile or other material which is or was being burned and reasonable and prudent efforts were not taken to prevent the spread of the fire onto the lands of another shall be evidence that such person recklessly or with gross negligence caused the land to burn.
(3) In addition to the penalties provided in this section, upon conviction, a person shall be ordered to reimburse and pay in restitution directly to any organized fire suppression agency recognized by the Mississippi Forestry Commission all the costs the agency incurred related to the suppression and abatement of the fire.
SECTION 136. Section 97-17-25, Mississippi Code of 1972, is amended as follows:
97-17-25. Every person who, being in the dwelling house of another, shall commit a crime, and shall break any outer door, or any other part of said house, to get out of the same, shall be guilty of burglary, and be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than ten (10) years.
SECTION 137. Section 97-17-29, Mississippi Code of 1972, is amended as follows:
97-17-29. Every person who, being lawfully in the dwelling house of another, shall break an inner door of the same house, with intent to commit a crime, shall be guilty of burglary, and imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than ten (10) years.
SECTION 138. Section 97-17-33, Mississippi Code of 1972, is amended as follows:
97-17-33. (1) Every person who shall be convicted of breaking and entering, in the day or night, any shop, store, booth, tent, warehouse, or other building or private room or office therein, water vessel, commercial or pleasure craft, ship, steamboat, flatboat, railroad car, automobile, truck or trailer in which any goods, merchandise, equipment or valuable thing shall be kept for use, sale, deposit, or transportation, with intent to steal therein, or to commit any felony, or who shall be convicted of breaking and entering in the day or night time, any building within the curtilage of a dwelling house, not joined to, immediately connected with or forming a part thereof, shall be guilty of burglary, and imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than seven (7) years.
(2) Any person who shall be convicted of breaking and entering a church, synagogue, temple or other established place of worship with intent to commit some crime therein shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than fourteen (14) years.
SECTION 139. Section 97-17-35, Mississippi Code of 1972, is amended as follows:
97-17-35. It is unlawful for any person to have in his possession implements, tools, or instruments designed to aid in the commission of burglary, larceny or robbery; and on the conviction of any person thereof, he shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years, or in the county jail not exceeding one (1) year. The carrying concealed about one's person, or in one's baggage, implements, tools, or instruments peculiarly adapted to aid in the commission of burglary, larceny or robbery, shall be prima facie evidence of intention to use them for such purpose.
SECTION 140. Section 97-17-37, Mississippi Code of 1972, is amended as follows:
97-17-37. Any person, who, with intent to commit crime, breaks and enters, either by day or by night, any building, whether inhabited or not, and opens or attempts to open any vault, safe or other secure place by the use of nitroglycerine, dynamite, gunpowder or any other explosive, shall be deemed guilty of burglary with explosives.
Any person duly convicted of burglary with explosives shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not less than five (5) years nor more than forty (40) years.
SECTION 141. Section 97-17-39, Mississippi Code of 1972, is amended as follows:
97-17-39. If any person, by any means whatever, shall willfully or mischievously injure or destroy any of the burial vaults, urns, memorials, vases, foundations, bases or other similar items in a cemetery, or injure or destroy any of the work, materials, or furniture of any courthouse or jail, or other public building, or schoolhouse or church, or deface any of the walls or other parts thereof, or shall write, or make any drawings or character, or do any other act, either on or in said building or the walls thereof, or shall deface or injure the trees, fences, pavements, or soil, on the grounds belonging thereto, or an ornamental or shade tree on any public road or street leading thereto, such person, upon conviction, for such offense, shall be punished as follows:
(a) If the damage caused by the destruction or defacement of such property has a value of less than Three Hundred Dollars ($300.00), any person who is convicted of such offense shall be fined not more than One Thousand Dollars ($1,000.00) or be imprisoned in the county jail for not more than one (1) year, or both.
(b) If the damage caused by the destruction or defacement of such property has a value equal to or exceeding Three Hundred Dollars ($300.00), any person who is convicted of such offense shall be fined not more than Five Thousand Dollars ($5,000.00) or be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for up to five (5) years, or both.
SECTION 142. Section 97-17-41, Mississippi Code of 1972, is amended as follows:
97-17-41. (1) Every person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Five Hundred Dollars ($500.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding ten (10) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.
(2) Every person who shall be convicted of taking and carrying away, feloniously, the property of a church, synagogue, temple or other established place of worship, of the value of Five Hundred Dollars ($500.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the State Penitentiary for a term not exceeding ten (10) years, or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.
SECTION 143. Section 97-17-42, Mississippi Code of 1972, is amended as follows:
97-17-42. (1) Any person who shall, willfully and without authority, take possession of or take away a motor vehicle of any value belonging to another, with intent to either permanently or temporarily convert it or to permanently or temporarily deprive the owner of possession or ownership, and any person who knowingly shall aid and abet in the taking possession or taking away of the motor vehicle, shall be guilty of a felony and shall be punished by commitment to the Department of Corrections or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than ten (10) years.
(2) Any person convicted under this section who causes damage to any motor vehicle shall be ordered by the court to pay restitution to the owner or owners of the motor vehicle or vehicles damaged.
(3) This section shall not apply to the enforcement of a security interest in a motor vehicle.
(4) Any person who shall be convicted for a second or subsequent offense under this section shall be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding fifteen (15) years or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.
SECTION 144. Section 97-17-51, Mississippi Code of 1972, is amended as follows:
97-17-51. Every person who shall feloniously steal, take and carry away any dog, the property of another, shall be subject to indictment therefor, and on conviction shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not more than six (6) months, or both, or imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year nor more than two (2) years.
SECTION 145. Section 97-17-59, Mississippi Code of 1972, is amended as follows:
97-17-59. (1) Any person who shall knowingly, willfully and feloniously take, steal and carry away from the lands of another any merchantable timber on the property of another, of the value of less than Two Hundred Fifty Dollars ($250.00), whether such timber is growing, standing or lying on the lands, shall be guilty of a misdemeanor; and upon conviction thereof, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term of not less than thirty (30) days nor more than one hundred (100) days, or both, in the discretion of the court.
(2) Any person who shall knowingly, willfully and feloniously take, steal and carry away from the lands of another any merchantable timber on the property of another, of the value of Two Hundred Fifty Dollars ($250.00) or more, whether such timber is growing, standing, or lying on the lands, shall be guilty of a felony; and upon conviction thereof, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not less than one (1) year nor more than five (5) years, or both, in the discretion of the court.
(3) In addition to any such fine or imprisonment which may be imposed upon a convicted individual, the court shall order that restitution be made to the owner of any such stolen timber. The measure for restitution in money shall be the amount of the actual financial loss to the owner of the timber, including any loss of income, any court costs, expert fees and attorney's fees incurred by the owner to recover the loss and any other costs incurred by the owner as a result of actions in violation of subsections (1) and (2) of this section. The value of the timber shall be calculated by the fair market value of the timber at the time of the loss.
SECTION 146. Section 97-17-64, Mississippi Code of 1972, is amended as follows:
97-17-64. (1) A person who obtains personal property of another under a lease or rental agreement is guilty of theft if he exercises unlawful or unauthorized control over the property with purpose to deprive the owner thereof. As used in this section, the word "deprive" means to withhold property of another permanently or for so extended a period that a significant portion of its economic value, or the use or benefit thereof, is lost to the owner; or to withhold the property with intent to restore it to the owner only upon payment of a reward or other compensation; or to conceal, abandon or dispose of the property so as to make it unlikely that the owner will recover it; or to sell, give, pledge, or otherwise transfer any interest in the property.
(2) It shall be prima facie evidence of purpose to deprive when a person:
(a) In obtaining such property presents identification or information which is materially false, fictitious, misleading or not current, with respect to such person's name, address, place of employment, or any other material matter; or
(b) Fails to return such property to the owner or his representative within ten (10) days after proper notice following the expiration of the term for which such person's use, possession or control of the property is authorized; or
(c) Fails to contact the owner or his representative to make arrangements to return such property within ten (10) days after proper notice following the expiration of the term for which such person's use, possession or control of such property is authorized.
(3) For the purpose of this section, "proper notice" means either actual notification as may be otherwise proven beyond a reasonable doubt or a written demand for return of the property mailed to the defendant, which satisfies the following procedure:
(a) The written demand must be mailed to the defendant by certified or registered mail with return receipt attached, which return receipt by its terms must be signed by the defendant personally and not by his representative;
(b) The written demand must be mailed to the defendant at either the address given at the time he obtained the property or the defendant's last known address if later furnished in writing by the defendant to the owner or his representative; and (c) The return receipt bearing the defendant's signature must be returned to the owner or his representative.
(4) It shall be an affirmative defense to prosecution under this section that:
(a) The defendant was unaware that the property was that of another; or
(b) The defendant acted under an honest claim of right to the property involved or that he had a right to acquire or dispose of it as he did; or
(c) The defendant was physically incapacitated and unable to request or obtain permission of the owner to retain the property; or
(d) The property was in such a condition, through no fault of the defendant, that it could not be returned within the requisite time after receipt of proper notice.
(5) Any person convicted of the offense of theft under this section shall be:
(a) Guilty of a misdemeanor when the value of the personal property is less than Two Hundred Fifty Dollars ($250.00) and punished by a fine of not more than Two Hundred Fifty Dollars ($250.00), or by imprisonment in the county jail for a term of not more than six (6) months, or by both such fine and imprisonment; or
(b) Guilty of a felony when the value of the personal property is Two Hundred Fifty Dollars ($250.00) or more and punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not more than three (3) years, or by both such fine and imprisonment.
SECTION 147. Section 97-17-65, Mississippi Code of 1972, is amended as follows:
97-17-65. (1) A person commits looting when he knowingly without authority of law or of the owner enters any home or dwelling, or upon any premises of another, or enters any commercial, mercantile, business or industrial building, plant or establishment, in which a normal security of property is not present by virtue of a hurricane, fire or vis major of any kind or by virtue of a riot, mob, or other human agency and obtains or exerts control over or injures or removes property of the owner.
(2) Any person who commits looting shall be guilty of a felony and, upon conviction, such person shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a period not to exceed fifteen (15) years or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or both such fine and imprisonment.
(3) The fact that a person may be subject to prosecution under this section shall not bar his prosecution or punishment under the statutes relating to larceny or burglary, or under any other statute or ordinance to the extent that such would otherwise be permitted in the absence of this section.
SECTION 148. Section 97-17-67, Mississippi Code of 1972, is amended as follows:
97-17-67. (1) Every person who shall maliciously or mischievously destroy, disfigure, or injure, or cause to be destroyed, disfigured, or injured, any property of another, either real or personal, shall be guilty of malicious mischief.
(2) If the value of the property destroyed, disfigured or injured is Five Hundred Dollars ($500.00) or less, it shall be a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00) or imprisonment not exceeding twelve (12) months in the county jail, or both.
(3) If the value of the property destroyed, disfigured or injured is in excess of Five Hundred Dollars ($500.00), it shall be a felony punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) or imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years, or both.
(4) In all cases restitution to the victim for all damages shall be ordered. The value of property destroyed, disfigured or injured by the same party as part of a common crime against the same or multiple victims may be aggregated together and if the value exceeds One Thousand Dollars ($1,000.00), shall be a felony.
(5) For purposes of this statute, value shall be the cost of repair or replacement of the property damaged or destroyed.
(6) Anyone who by any word, deed or act directly or indirectly urges, aids, abets, suggests or otherwise instills in the mind of another the will to so act shall be considered a principal in the commission of said crime and shall be punished in the same manner.
SECTION 149. Section 97-17-77, Mississippi Code of 1972, is amended as follows:
97-17-77. If any person shall move, or cause to be removed, to any place beyond the jurisdiction of this state, any personal property which shall at the time of such removal be under written pledge, or mortgage, or deed of trust, or conditional sales contract, or lien by judgment, or any other lien in this state, with intent to defraud the pledgee, mortgagee, trustee, cestui que trust, conditional vendor, or creditor, he shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail not more than twelve (12) months, or both. The removal with intent to defraud of such property valued at Four Hundred Dollars ($400.00) or more shall be a felony punishable upon conviction by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) nor more than three (3) years, or by both.
SECTION 150. Section 97-17-95, Mississippi Code of 1972, is amended as follows:
97-17-95. It shall be unlawful for any person to willfully enter or trespass within the premises of any person, firm or corporation manufacturing or constructing or erecting or assembling or maintaining or repairing or operating any nuclear powered machinery, equipment or vessels, or rockets, missiles, propulsion systems, explosives or other dangerous devices, or parts thereof, with the intent to commit any crime under the laws of this state, or of the United States, or pursuant to a conspiracy to commit any such crime or in an attempt to commit any such crime. Any person convicted of a violation of this section shall be adjudged guilty of a felony, and punished by a fine not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not to exceed five (5) years, or both such fine and imprisonment, in the discretion of the court. Any person willfully entering or trespassing within such premises, if found within any area designated as a restricted area therein, shall be guilty of a violation of this section.
SECTION 151. Section 97-19-21, Mississippi Code of 1972, is amended as follows:
97-19-21. (1) It is unlawful for any person, with intent to defraud the cardholder, the issuer, a person or organization providing money, goods, property, services or anything else of value, or any other person, (a) to use a credit card or credit card number obtained or retained in violation of Sections 97-19-5 through 97-19-29, or a credit card which he knows is forged, for the purpose of obtaining money, goods, property, services or anything else of value, or (b) to obtain money, goods, property, services or anything else of value (i) by representing without the consent of the cardholder that he is the holder of a specified card, or (ii) by representing that he is the holder of a card when he has reason to know that such card has not in fact been issued, or (iii) by representing that he has been authorized to use the credit card or credit card number.
(2) It is unlawful for any person, with intent to defraud the cardholder or issuer of a credit card used in the operation of an automatic unmanned cash dispensing machine, to use such card for the purpose of obtaining money from such machine.
(3) Any person convicted for a violation of subsection (1) or (2) of this section shall be punished as follows:
(a) For a first offense of violating subsection (1) or (2) of this section, whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is less than One Hundred Dollars ($100.00), the person committing the offense shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.
(b) For a second or subsequent offense of violating subsection (1) or (2) of this section, whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is less than One Hundred Dollars ($100.00), the person committing the offense shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed three (3) years, or by both such fine and imprisonment.
(c) Whenever the value of the money, goods, property, services or other thing of value obtained or attempted to be obtained is One Hundred Dollars ($100.00) or more, the person committing the offense, whether the offense is a first, second or subsequent offense, shall be guilty of a felony and such person, upon conviction, shall be punished as provided in paragraph (3)(b) of this section.
(4) For the purpose of determining the punishment to be imposed under subsection (3) of this section, the value of all money, goods, property, services and other things of value obtained or attempted to be obtained by two (2) or more uses of the same credit card shall be aggregated.
SECTION 152. Section 97-19-33, Mississippi Code of 1972, is amended as follows:
97-19-33. Every person who shall falsely represent or personate another, and in such assumed character shall marry another, or become bail or surety for any party in any proceeding, civil or criminal, before any court or officer authorized to take such bail or surety; or confess any judgment, or acknowledge the execution of any conveyance of real estate, or of any other instrument which by law may be recorded; or do any other act in the course of any suit, proceeding, or prosecution, whereby the person so represented or personated might be made liable in any event to the payment of any debt, damages, costs, or sum of money, or his rights or interests in any manner be affected if the same were legal shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding ten (10) years. An indictment under this section for marrying shall not be found unless on the complaint of the injured party, before cohabitation, after knowledge of the fraud.
SECTION 153. Section 97-19-39, Mississippi Code of 1972, is amended as follows:
97-19-39. (1) Every person who, with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by another false pretense, obtain the signature of any person to any written instrument, or obtain from any person any money, personal property, or valuable thing, with a value of less than Five Hundred Dollars ($500.00), upon conviction thereof, shall be guilty of a misdemeanor and punished by imprisonment in the county jail not exceeding six (6) months, and by fine not exceeding One Thousand Dollars ($1,000.00).
(2) Every person, who with intent to cheat or defraud another, shall designedly, by color of any false token or writing, or by another false pretense, obtain the signature of any person to any written instrument, or obtain from any person any money, personal property, or valuable thing, with a value of Five Hundred Dollars ($500.00) or more, upon conviction thereof shall be guilty of a felony and punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years, and by a fine not exceeding Ten Thousand Dollars ($10,000.00).
SECTION 154. Section 97-19-41, Mississippi Code of 1972, is amended as follows:
97-19-41. If the false token by which any money, personal property, or valuable thing shall be obtained, as specified in Section 97-19-39, be a promissory note, or other negotiable evidence of debt, purporting to have been issued by or under the authority of any person, banking company, or moneyed corporation not in existence, the person convicted of such cheat shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding seven (7) years.
SECTION 155. Section 97-19-45, Mississippi Code of 1972, is amended as follows:
97-19-45. Every person who shall fraudulently produce an infant, falsely pretending it to have been born of parents whose child would have been entitled to a share of any personal estate, or to inherit any real estate, with the intent of intercepting the inheritance of any such real estate, or the distribution of any such personal property from any person lawfully entitled thereto, shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding ten (10) years.
SECTION 156. Section 97-19-47, Mississippi Code of 1972, is amended as follows:
97-19-47. The officers or employees of any bank or branch bank who shall receive any deposit knowing or having reason to believe that such bank or branch bank is insolvent, and the owners of any bank or branch bank who shall receive any deposit knowing that such bank or branch bank is insolvent, shall be deemed guilty of a felony and punished, upon conviction therefor, by a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than two (2) years, nor less than one (1) year, or by both such fine and imprisonment at the discretion of the court, for each offense.
SECTION 157. Section 97-19-53, Mississippi Code of 1972, is amended as follows:
97-19-53. Every person to whom an infant, under the age of six (6) years, shall be confided for nursing, education, or any other purpose, who shall, with intent to deceive any parent or guardian of such child, substitute and produce to such parent or guardian another child in the place of the one so confided, shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding seven (7) years.
SECTION 158. Section 97-19-67, Mississippi Code of 1972, is amended as follows:
97-19-67. (1) Except as may be otherwise provided by subsection (2) of this section, any person violating Section 97-19-55, upon conviction, shall be punished as follows:
(a) For the first offense of violating said section, where the check, draft or order involved be less than One Hundred Dollars ($100.00), the person committing such offense shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Twenty-five Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term of not less than five (5) days nor more than six (6) months, or by both such fine and imprisonment, in the discretion of the court;
(b) Upon commission of a second offense of violating said section, where the check, draft or order involved is less than One Hundred Dollars ($100.00), the person committing such offense shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term of not less than thirty (30) days nor more than one (1) year, or by both such fine and imprisonment, in the discretion of the court;
(c) Upon commission of a third or any subsequent offense of violating said section, regardless of the amount of the check, draft or order involved, and regardless of the amount of the checks, drafts or orders involved in the prior convictions, the person committing such offense shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not less than one (1) nor more than five (5) years.
(d) Where the check, draft or order involved shall be One Hundred Dollars ($100.00) or more, the person committing such offense, whether same be a first or second offense, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not more than three (3) years, or by both such fine and imprisonment, in the discretion of the court. Upon conviction of a third or any subsequent offense, the person convicted shall be punished as is provided in the immediately preceding paragraph hereof.
(2) Where the conviction was based on a worthless check, draft or order given for the purpose of satisfying a preexisting debt or making a payment or payments on a past-due account or accounts, no imprisonment shall be ordered as punishment, but the court may order the convicted person to pay a fine of up to the applicable amounts prescribed in subsections (1)(a)(b) and (d) of this section.
(3) In addition to or in lieu of any penalty imposed under the provisions of subsection (1) or subsection (2) of this section, the court may, in its discretion, order any person convicted of violating Section 97-19-55 to make restitution in accordance with the provisions of Sections 99-37-1 through 99-37-23 to the holder of any check, draft or order for which payment has been refused.
(4) Upon conviction of any person for a violation of Section 97-19-55, when the prosecution of such person was commenced by the filing of a complaint with the court by the district attorney under the provisions of Section 97-19-79, the court shall, in addition to any other fine, fee, cost or penalty which may be imposed under this section or as otherwise provided by law, and in addition to any order as the court may enter under subsection (3) of this section requiring the offender to pay restitution under Sections 99-37-1 through 99-37-23, impose a fee in the amount up to eighty-five percent (85%) of the face amount of the check, draft or order for which the offender was convicted of drawing, making, issuing, uttering or delivering in violation of Section 97-19-55.
(5) It shall be the duty of the clerk or judicial officer of the court collecting the fees imposed under subsection (4) of this section to monthly deposit all such fees so collected with the State Treasurer, either directly or by other appropriate procedures, for deposit in the special fund of the State Treasury created under Section 99-19-32, known as the "Criminal Justice Fund."
(6) After the accused has complied with all terms of the statute and the complainant or victim has been paid, the district attorney's check unit may dispose of the accused's file after one (1) year has expired after the last audit.
SECTION 159. Section 97-19-71, Mississippi Code of 1972, is amended as follows:
97-19-71. (1) Any person who knowingly:
(a) Fails, by false statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material fact used in making a determination as to such person's qualification to receive aid or benefits or services under any state or federally funded assistance program; or
(b) Fails to disclose a change in circumstances in order to obtain or continue to receive under any such program aid or benefits or services to which he is not entitled or in an amount larger than that to which he is entitled, or who knowingly aids and abets another person in the commission of any such act is guilty of fraud.
(2) Any person who knowingly:
(a) Uses, transfers, acquires, traffics, alters, forges or possesses;
(b) Attempts to use, transfer, acquire, traffic, alter, forge or possess; or
(c) Aids and abets another person in the use, transfer, acquisition, trafficking, alteration, forgery or possession of a food stamp, a food stamp identification card, an electronic benefits transfer card or the benefits accessed by such card, an authorization for the purchase of food stamps, a certificate of eligibility for medical services, or a Medicaid identification card, for profit or in any manner not authorized by law or regulations issued by the agency responsible for the administration of the state or federally funded program is guilty of fraud.
(3) Any person who knowingly:
(a) Exchanges food purchased or obtained with; or
(b) Attempts to exchange food purchased or obtained with benefits or an electronic benefits transfer card under the federal Food and Nutrition Program for cash or anything of value other than food, is guilty of fraud.
(4) Any person having duties in the administration of a state or federally funded assistance program who fraudulently misappropriates, attempts to misappropriate, or aids and abets in the misappropriation of, a food stamp, an authorization for food stamps, a food stamp identification card, an electronic benefits transfer card, the benefits accessible by such card, a certificate of eligibility for prescribed medicine, a Medicaid identification card, or assistance from any other state or federally funded program with which he has been entrusted or of which he has gained possession by virtue of his position, or who knowingly fails to disclose any such fraudulent activity, is guilty of fraud.
(5) Any person who:
(a) Knowingly files, attempts to file, or aids and abets in the filing of, a claim for services to a recipient of benefits under any state or federally funded assistance program for services which were not rendered; knowingly files a false claim for nonauthorized items or services under such a program; or knowingly bills the recipient of benefits under such a program, or his family, for an amount in excess of that provided for by law or regulations; or
(b) In any way knowingly receives, attempts to receive, or aids and abets in the receipt of unauthorized payment as provided herein is guilty of fraud.
(6) Any person who knowingly signs, or aids and abets any person to sign, a false application for the replacement of benefits or aid to which that person is entitled claiming that person's benefits or aid was not received, is guilty of fraud.
(7) Any person convicted of the crime of fraud under this section shall be:
(a) Punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding three (3) years, and fined not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00); or
(b) Punished by imprisonment in the county jail for a term not exceeding one (1) year, and fined not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00); and
(c) Ordered to make full restitution of the money or services or the value of those services unlawfully received; and
(d) Where the legislation creating a program allows, suspended from participation in the program for the length of time allowed by the legislation creating the program.
(8) This section shall not prohibit prosecution under any other criminal statute of this state or the United States.
SECTION 160. Section 97-21-33, Mississippi Code of 1972, is amended as follows:
97-21-33. Persons convicted of forgery shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not less than two (2) years nor more than ten (10) years, or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both; provided, however, that when the amount of value involved is less than Five Hundred Dollars ($500.00) in lieu of the punishment above provided for, the person convicted may be punished by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or both, within the discretion of the court.
SECTION 161. Section 97-23-25, Mississippi Code of 1972, is amended as follows:
97-23-25. If any person shall fraudulently appropriate personal property or money which has been delivered to him on deposit, or to be carried or repaired, or on any other contract or trust by which he was bound to deliver or return the thing received or its proceeds, on conviction, he shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than ten (10) years, or be fined not more than One Thousand Dollars ($1,000.00) and imprisoned in the county jail not more than one (1) year, or either.
SECTION 162. Section 97-23-39, Mississippi Code of 1972, is amended as follows:
97-23-39. It shall be unlawful for any person by the use of force or violence, or threat of the use of force or violence, to prevent or to attempt to prevent any person from engaging in any lawful vocation within this state. Any person guilty of violating this section shall be deemed guilty of a felony and, upon conviction thereof, shall be fined in the sum of not more than Five Hundred Dollars ($500.00) or imprisoned in the county jail not more than six (6) months, or both, or in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than two (2) years.
SECTION 163. Section 97-23-41, Mississippi Code of 1972, is amended as follows:
97-23-41. It shall be unlawful for any two (2) or more persons to conspire together to use force or violence, or threats thereof, to prevent any person or persons from engaging in any lawful vocation or work in this state, and it shall be unlawful for any two (2) or more persons in furtherance of such conspiracy to assemble or gather together at any place where a labor dispute exists or anywhere in this state for the purpose of carrying such unlawful conspiracy into effect. Any person violating this section, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the county jail not more than six (6) months, or both, or in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than two (2) years.
The term "labor dispute" as used in this section shall include any controversy between an employer and two (2) or more of his employees concerning the terms or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of employment.
SECTION 164. Section 97-23-43, Mississippi Code of 1972, is amended as follows:
97-23-43. If any person shall practice as an attorney and counsellor-at-law, or shall practice as a physician or surgeon, or shall practice as a dentist, or shall practice as a pharmacist, without having first been examined and obtained a license as required by law, he shall, on conviction, of the first offense, be punished by a fine of not less than One Hundred Dollars ($100.00) or more than Two Hundred Dollars ($200.00) or by imprisonment in the county jail not less than three (3) months or more than twelve (12) months, or both; and such person, upon conviction of the second offense against this section, shall be punished by a fine of not less than Two Hundred Dollars ($200.00) or more than Five Hundred Dollars ($500.00) or by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year or more than two (2) years; and such person, upon conviction of any succeeding offense, shall be punished in the discretion of the court; provided, however, that such punishment shall in no case exceed the payment of a fine of Five Thousand Dollars ($5,000.00) or imprisonment for five (5) years.
SECTION 165. Section 97-23-87, Mississippi Code of 1972, is amended as follows:
97-23-87. (1) For purposes of this section, the following words shall have the meaning ascribed herein, unless the context requires otherwise:
(a) "Person" means any individual, partnership, corporation, association or any communications media, including radio or television, broadcasters or licensees, newspapers, magazines, or other publications or media which offer facilities for the purposes stated herein.
(b) "Owner" means the person who owns, or who has the license in the United States to produce or to distribute to the public copies of the original fixation of sounds or pictures embodied in, the master phonograph record, master disc, master tape, master videocassette, master film or other device used for reproducing recorded sounds or images on phonograph records, discs, tapes, films or other articles on which sound or images are recorded, and from which the transferred recorded sounds or images are directly or indirectly derived.
(2) (a) Any person who shall knowingly and willfully transfer or cause to be transferred, without the consent of the owner, any sounds or images recorded on phonograph record, disc, wire, tape, videocassette, film, or other article or device on which sounds or images are recorded with intent to sell, rent for a fee, or cause to be sold, or rented for a fee or for any financial gain the article on which such sounds or images are transferred, shall be guilty of a felony and, upon conviction of a first violation of this subsection, shall be fined not more than Twenty-five Thousand Dollars ($25,000.00) or be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than five (5) years, or both. Any person who shall be convicted of a second or subsequent violation of this subsection shall be fined not more than One Hundred Thousand Dollars ($100,000.00) or be imprisoned not more than ten (10) years, or both.
(b) Any person who records, masters or causes to be recorded or mastered on any recorded article or device with the intent to sell, market or lease for commercial advantage or private financial gain, the sounds or images of a live performance, with the knowledge that the sounds or images so recorded have been recorded or mastered without the consent of the owner of the sounds of the live performance, is guilty of a felony, and upon conviction thereof, shall be subject to fine and imprisonment as provided for the first and subsequent convictions of violations of subsection (2)(a). In the absence of a written agreement or operation of law to the contrary, the performer or performers of the sounds of a live performance shall be presumed to own the right to record or master those sounds. Such performers shall also be deemed, in absence of such agreement or operation of law, to own the right to display and distribute their own personal images.
(c) Each and every individual and separate manufacture of a recorded device as described in this subsection shall constitute a separate offense of this subsection.
(3) (a) It is unlawful for any person to:
(i) Advertise, offer for sale or sell any such article or device described in subsection (2)(a) of this section with the knowledge that the sounds or images thereon have been transferred without the consent of the owner;
(ii) Offer or make available for a fee, rental or any other form of compensation, directly or indirectly, any equipment or machinery with the knowledge that it will be used by another to reproduce, without the consent of the owner, any phonograph record, disc, wire, tape, videocassette, film or other article on which sounds or images have been transferred; or
(iii) Possess with intent to sell, to make available for a fee, rental or other form of compensation, or for the purpose of obtaining any form of compensation through the use of any article or device described in subsection (2)(a), with the knowledge that the sounds or images thereon have been transferred without the consent of the owner.
Any person convicted of a first violation of this subsection shall be guilty of a felony and fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than three (3) years, or both. Any person convicted of a second or subsequent violation of this subsection shall be guilty of a felony and fined not more than Fifty Thousand Dollars($50,000.00) or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than seven (7) years, or both.
(b) Each and every individual advertisement, offer for sale, sale, rental or possession of such recorded devices or offer or making available of equipment or machinery in violation of the provisions of this subsection shall constitute a separate offense.
(4) The provisions of this subsection shall not apply to reproduction of sounds or images made in the home for private use with no purpose of otherwise capitalizing commercially on such reproduction.
SECTION 166. Section 97-23-89, Mississippi Code of 1972, is amended as follows:
97-23-89. (1) For purposes of this section, the following words shall have the meaning ascribed herein, unless the context requires otherwise:
(a) "Person" means any individual, partnership, corporation or association.
(b) "Manufacturer" means any individual, partnership, corporation or association which, after first having acquired the right to transfer sounds or images from the lawful owner thereof, actually transfers or causes the transfer thereon of such sounds or images recorded on a phonograph record, disc, wire, tape, videocassette, film or other article on which sounds or images are recorded, or assembles and transfers any product containing such transferred sounds or images as a component thereof.
(2) It shall be unlawful for any person to manufacture or knowingly (a) sell, rent, distribute or circulate, (b) cause to be sold, distributed or circulated, or (c) possess with intent to sell, rent, distribute or circulate, for any compensation, a recorded article or device containing sounds or images, including any phonograph record, tape, disc, videocassette, film or other article or device upon which sounds or images may be fixed or reproduced, without the actual name and street address of the manufacturer thereof and, when the recorded article or device contains sounds only, without the name of the actual performer or group of performers prominently disclosed on the cover, jacket, box or label containing such recorded article or device. Any person who is convicted of a first violation of this subsection shall be guilty of a felony and fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than three (3) years, or both. Any person who is convicted of a second or subsequent violation of this subsection shall be guilty of a felony and fined not more than Fifty Thousand Dollars ($50,000.00) or be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than seven (7) years, or both.
(3) Each and every individual manufacture, distribution or sale or transfer for a consideration of such recorded article or device in violation of the provisions of this section shall constitute a separate offense.
SECTION 167. Section 97-25-1, Mississippi Code of 1972, is amended as follows:
97-25-1. (1) Any person who shall intentionally in anywise obstruct, injure, break, tamper with or destroy or in any manner interrupt any electric power line or the transmission of electric current in connection with such line, or who shall make or use electric power from any unauthorized connection with such line, or who shall intentionally injure or destroy any of the posts, wires, insulators, fixtures, equipment, installations or other things belonging to any electric power system, or used in connection with the furnishing of electric power service, shall be guilty of a misdemeanor and such person shall, on conviction, be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than Seven Hundred Fifty Dollars ($750.00), or imprisoned in the county jail for not exceeding six (6) months, or both.
(2) Every person who shall be convicted of taking and carrying away, feloniously, such property as listed in subsection (1) of this section, of the value of One Hundred Dollars ($100.00) or more, shall be guilty of grand larceny and shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding five (5) years, or shall be fined not more than One Thousand Dollars ($1,000.00), or both.
(3) If any person shall feloniously take, steal and carry away any such property as listed in subsection (1) of this section, under the value of One Hundred Dollars ($100.00), he shall be guilty of petit larceny and shall be punished by imprisonment in the county jail not exceeding three (3) months, or by fine not exceeding One Hundred Dollars ($100.00), or both.
SECTION 168. Section 97-25-9, Mississippi Code of 1972, is amended as follows:
97-25-9. If any officer, agent, clerk, or employee of any railroad company, shall fraudulently embezzle, dispose of, or convert to his own use any passenger railroad ticket or tickets, whether such tickets be fully prepared for use or not, or who shall use such tickets which have been once used, and which have come to his hands or charge by virtue of his office or employment, he shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years, or by fine not exceeding One Thousand Dollars ($1,000.00).
SECTION 169. Section 97-25-13, Mississippi Code of 1972, is amended as follows:
97-25-13. If any person, while on duty in charge of a locomotive-engine running or standing upon any railroad, or if any conductor in charge of a car or train on any railroad, shall be intoxicated, he shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year nor more than fifteen (15) years.
SECTION 170. Section 97-25-17, Mississippi Code of 1972, is amended as follows:
97-25-17. If any brakeman, switchman, or other person in charge of any switch, shall willfully or carelessly leave the same open or improperly placed, whereby any person shall be killed or injured, he shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than fifteen (15) years.
SECTION 171. Section 97-25-19, Mississippi Code of 1972, is amended as follows:
97-25-19. If any person shall run, or cause to be run, a locomotive propelled by steam upon or across the track of any other railroad company without first coming to a full stop just before it comes upon or across such track, he shall, on conviction, be fined not less than Twenty-five Dollars ($25.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned in the county jail not more than one (1) year, or both; and if, by reason of his coming upon or across such track, some person shall be killed or injured, he shall, upon conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than fifteen (15) years.
SECTION 172. Section 97-25-37, Mississippi Code of 1972, is amended as follows:
97-25-37. It shall be unlawful for any locomotive or train of cars to be stopped or left standing on any railroad crossing, unless done under regulations adopted by those having the right to control such matter. Any person violating this section shall, on conviction be fined not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), or be imprisoned in the county jail for one (1) year, or both; and if, in consequence of such violation, any person shall be killed or injured, the guilty party shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding fifteen (15) years.
SECTION 173. Section 97-25-53, Mississippi Code of 1972, is amended as follows:
97-25-53. (1) Any person who shall intentionally obstruct, injure, break or destroy, or in any manner interrupt any telegraph or telephone line, or communication thereon between any two (2) points, by or through which the said lines may pass, or who shall injure or destroy any of the posts, wires, insulators, or fixtures, or things belonging to such telegraph or telephone lines, such person shall, on conviction, be fined not less than Two Hundred Fifty Dollars ($250.00), nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not exceeding six (6) months, or both such fine and imprisonment.
(2) Every person who shall be convicted of taking and carrying away, feloniously, such property as listed in subsection (1) of this section, of the value of One Hundred Dollars ($100.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding five (5) years, or shall be fined not more than One Thousand Dollars ($1,000.00), or both.
(3) If any person shall feloniously take, steal and carry away any such property as listed in subsection (1) of this section, under the value of One Hundred Dollars ($100.00), he shall be guilty of petit larceny and shall be punished by imprisonment in the county jail not exceeding three (3) months, or by fine not exceeding One Hundred Dollars ($100.00), or both.
SECTION 174. Section 97-25-55, Mississippi Code of 1972, is amended as follows:
97-25-55. (1) The offense of aircraft piracy is defined as the seizure or exercise of control, by force or violence or threat of force or violence, of any aircraft within the airspace jurisdiction of the State of Mississippi. Any person convicted of the offense of aircraft piracy shall suffer death or imprisonment for life in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
(2) The offense of assault with the intent to commit aircraft piracy is defined as an intimidation, threat, assault or battery toward any flight crew member or flight attendant (including any steward or stewardess) of such aircraft so as to interfere with the performance of duties by such member or attendant to perform his duties, with the intent to commit aircraft piracy as defined in subsection (1) of this section. Any person convicted of the offense of assault with intent to commit aircraft piracy shall serve a term not to exceed twenty (20) years or be fined a sum not to exceed Ten Thousand Dollars ($10,000.00), or both.
Any person who, in the commission of such intimidation, threat, assault or battery with the intent to commit aircraft piracy, employs a dangerous or deadly weapon or other means capable of inflicting serious bodily injury shall serve a term not to exceed fifty (50) years or be fined a sum not to exceed Twenty Thousand Dollars ($20,000.00), or both.
(3) Any person who boards an aircraft with a dangerous or deadly weapon or other means capable of inflicting serious bodily injury concealed upon his person or effects shall, upon conviction, serve a term not to exceed ten (10) years or be fined a sum not to exceed Five Thousand Dollars ($5,000.00), or both. The prohibition of this subsection shall not apply to duly elected or appointed law enforcement officers or commercial security personnel who are in possession of weapons used within the course and scope of their employment; nor shall the prohibition apply to persons who are in possession of weapons or means with the consent of the owner of such aircraft, or his agent, or the lessee or bailee of such aircraft.
(4) Anyone accused of violating subsection (1), (2) or (3) of this section shall be indicted and tried as provided by section 99-11-19.
SECTION 175. Section 97-27-11, Mississippi Code of 1972, is amended as follows:
97-27-11. (1) It shall be unlawful for any person to willfully and knowingly import, bring or send into this state a harmful biological substance including smallpox, anthrax or any other contagious or infectious disease, with the design to unlawfully spread the same or assist in spreading the same with intent to cause harm to human, animal or plant life and it shall likewise be unlawful for any person to develop, manufacture or possess such harmful biological substances, except for purposes authorized by law.
(2) A person convicted of subsection (1) shall be guilty of a felony and, upon conviction, shall be fined not more than One Hundred Thousand Dollars ($100,000.00), and be imprisoned not more than twenty (20) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or both.
SECTION 176. Section 97-27-12, Mississippi Code of 1972, is amended as follows:
97-27-12. (1) It shall be unlawful for any person to commit an act intended to cause another person or persons to falsely believe that said person or persons have been exposed to a harmful biological substance, harmful biological device, harmful chemical substance, harmful chemical device, harmful radioactive material or harmful radioactive device.
(2) Any person convicted of subsection (1) of this section shall be guilty of a felony, and, upon conviction, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than five (5) years or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.
(3) In addition to any such imprisonment and/or fine which may be imposed upon a violation of subsection (1) of this section, the court shall also order that any person convicted for such violation shall reimburse any individual or governmental agency for the expenses incurred as a result of the violation.
SECTION 177. Section 97-27-15, Mississippi Code of 1972, is amended as follows:
97-27-15. Any butcher or other person who shall knowingly sell the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased, or any baker, brewer, distiller, or other person, who shall knowingly sell unwholesome bread or drink, shall, on conviction thereof, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than five (5) years nor less than one (1) year.
SECTION 178. Section 97-29-5, Mississippi Code of 1972, is amended as follows:
97-29-5. Persons being within the degrees within which marriages are prohibited by law to be incestuous and void, or persons who are prohibited from marrying by reason of blood and between whom marriage is declared to be unlawful and void, who shall cohabit, or live together as husband and wife, or be guilty of a single act of adultery or fornication, upon conviction, shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not exceeding ten (10) years.
SECTION 179. Section 97-29-9, Mississippi Code of 1972, is amended as follows:
97-29-9. If any persons, citizens or residents of this state, who are prohibited by the laws thereof from marrying, because of kindred, shall go out of this state for the purpose of marrying, and shall marry in any other state or country and return to this state and live together and cohabit as man and wife, or be guilty of a single act of copulation, they shall, on conviction, be punished, notwithstanding their marriage out of this state, by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not longer than ten (10) years, or be fined Five Hundred Dollars ($500.00), or both.
SECTION 180. Section 97-29-13, Mississippi Code of 1972, is amended as follows:
97-29-13. Every person having a husband or wife living, who shall marry again, and every unmarried person who shall knowingly marry the husband or wife of another living, except in the cases hereinafter named, shall be guilty of bigamy, and imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not longer than ten (10) years.
SECTION 181. Section 97-29-17, Mississippi Code of 1972, is amended as follows:
97-29-17. (1) Whoever gives, promises, or offers to any professional or amateur baseball, football, basketball, or tennis player, or any player who participates in or expects to participate in any professional or amateur game or sport, or any person participating or expecting to participate in any other athletic contest or any coach, manager, or trainer of any team or participant or prospective participant in any such game, contest, or sport, anything of value with the intent to influence such participant to lose or try to lose or cause to be lost or to limit his or his team's margin of victory in any baseball, football, basketball or tennis game, boxing, or other athletic contest in which such player or participant is taking part or expects to take part or has any duty in connection therewith shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the county jail for not less than six (6) months nor more than five (5) years in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
(2) Any professional or amateur baseball, football, basketball, or tennis player or any boxer or participant or prospective participant in any sport or game or a manager, coach, or trainer of any team or individual participant or prospective participant in such game, contest, or sport who solicits or accepts anything of value to influence him to lose or try to lose or cause to be lost or to limit his or his team's margin of victory in any baseball, football, basketball, tennis or boxing contest or any other game or sport in which he is taking part or expects to take part or has any duties in connection therewith shall be guilty of a felony and, upon conviction, shall be punished by imprisonment in the county jail for not less than six (6) months nor more than five (5) years in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
(3) The provisions of this section shall not be deemed to include any wrestling matches, it being expressly provided hereby that wrestling matches shall be deemed to be shows or exhibitions and not athletic contests.
SECTION 182. Section 97-29-19, Mississippi Code of 1972, is amended as follows:
97-29-19. Every person who shall remove the dead body of any human being from the grave or other place of interment for the purpose of selling the same or for mere wantonness, or who shall wantonly dig into or open the grave or other place of interment where the remains of any dead human body is interred, or wantonly disturb the remains of any dead human body therein interred, shall, upon conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years or in the county jail not more than one (1) year, or be fined not more than Five Hundred Dollars ($500.00), or both.
SECTION 183. Section 97-29-23, Mississippi Code of 1972, is amended as follows:
97-29-23. Every person who shall open a grave or other place of interment with intent to move the dead body of any human being for the purpose of selling the same, or for the purpose of dissection, or to steal the coffin or any part thereof, or the vestments or other articles interred with the dead body, or any of them, shall, upon conviction, be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding two (2) years, or in the county jail not more than six (6) months, or by fine of not more than Three Hundred Dollars ($300.00), or both.
SECTION 184. Section 97-29-27, Mississippi Code of 1972, is amended as follows:
97-29-27. If any person shall marry within the degrees prohibited by law, he shall be guilty of incest, and, on conviction thereof, he shall be fined Five Hundred Dollars ($500.00) or imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not longer than ten (10) years, or punished by both such fine and imprisonment, and such marriage shall be void.
SECTION 185. Section 97-29-29, Mississippi Code of 1972, is amended as follows:
97-29-29. If persons divorced for incest shall, after such divorce, cohabit or live together as man and wife, or be guilty of a single act of adultery or fornication, such persons so offending shall be guilty of incest and fined, on conviction, Five Hundred Dollars ($500.00) or be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not longer than ten (10) years, or both.
SECTION 186. Section 97-29-45, Mississippi Code of 1972, is amended as follows:
97-29-45. (1) It shall be unlawful for any person or persons:
(a) To make any comment, request, suggestion or proposal by means of telecommunication or electronic communication which is obscene, lewd or lascivious with intent to abuse, threaten or harass any party to a telephone conversation, telecommunication or electronic communication;
(b) To make a telecommunication or electronic communication with intent to terrify, intimidate or harass, and threaten to inflict injury or physical harm to any person or to his property;
(c) To make a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten or harass any person at the called number;
(d) To make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number;
(e) To make repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or
(f) Knowingly to permit a computer or a telephone of any type under his control to be used for any purpose prohibited by this section.
(2) Upon conviction of any person for the first offense of violating subsection (1) of this section, such person shall be fined not more than Five Hundred Dollars ($500.00) or imprisoned in the county jail for not more than six (6) months, or both.
(3) Upon conviction of any person for the second offense of violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for not more than one (1) year, or both.
(4) For any third or subsequent conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be guilty of a felony and fined not more than Two Thousand Dollars ($2,000.00) and/or imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for not more than two (2) years, or both.
(5) The provisions of this section do not apply to a person or persons who make a telephone call that would be covered by the provisions of the federal Fair Debt Collection Practices Act, 15 USCS Section 1692 et seq.
(6) Any person violating this section may be prosecuted in the county where the telephone call, conversation or language originates in case such call, conversation or language originates in the State of Mississippi. In case the call, conversation or language originates outside of the State of Mississippi then such person shall be prosecuted in the county to which it is transmitted.
(7) For the purposes of this section, "telecommunication" and "electronic communication" mean and include any type of telephonic, electronic or radio communications, or transmission of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone, including cellular telephones, wire, cable, radio, electromagnetic, photoelectronic or photo-optical system or the creation, display, management, storage, processing, transmission or distribution of images, text, voice, video or data by wire, cable or wireless means, including the Internet.
(8) No person shall be held to have violated this section solely for providing access or connection to telecommunications or electronic communications services where the services do not include the creation of the content of the communication. Companies organized to do business as commercial broadcast radio stations, television stations, telecommunications service providers, Internet service providers, cable service providers or news organizations shall not be criminally liable under this section.
SECTION 187. Section 97-29-55, Mississippi Code of 1972, is amended as follows:
97-29-55. If any person shall obtain carnal knowledge of any woman, or female child, over the age of eighteen years, of previous chaste character, by virtue of any feigned or pretended marriage or any false or feigned promise of marriage, he shall, upon conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than five (5) years; but the testimony of the female seduced, alone, shall not be sufficient to warrant a conviction.
SECTION 188. Section 97-29-59, Mississippi Code of 1972, is amended as follows:
97-29-59. Every person who shall be convicted of the detestable and abominable crime against nature committed with mankind or with a beast, shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not more than ten (10) years.
SECTION 189. Section 97-29-61, Mississippi Code of 1972, is amended as follows:
97-29-61. Any person who enters upon real property whether the original entry is legal or not, and thereafter pries or peeps through a window or other opening in a dwelling or other building structure for the lewd, licentious and indecent purpose of spying upon the occupants thereof, shall be guilty of a felonious trespass; and upon conviction, shall be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than five (5) years.
SECTION 190. Section 97-31-21, Mississippi Code of 1972, is amended as follows:
97-31-21. It shall be unlawful for any person, firm or corporation to manufacture, or distill any vinous, malt, spirituous, or intoxicating liquor or drink which if drunk to excess will produce intoxication. But this statute shall not prohibit citizens of this state from making wine from grapes or berries grown in this state, at their respective homes and using and consuming the same in the home where made, by the family residing therein and dispensing same to guests within said home. Any person convicted of violating this section shall be guilty of a felony and, on conviction thereof, shall serve a term in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, of not less than one (1) year, nor more than three (3) years for the first offense under this section, and for the second or any subsequent conviction under this section such person shall serve a term of not less than five (5) years, nor more than ten years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act.
SECTION 191. Section 97-31-23, Mississippi Code of 1972, is amended as follows:
97-31-23. It shall be unlawful for any person, firm or corporation to own or control or have in his or its possession any distillery commonly called a still or any integral part thereof. But it shall not be unlawful to own or have in possession a distillery or still in the following circumstances:
(a) Where the same is used exclusively for the distillation of rosin products;
(b) Where the same is used exclusively for the distillation of water;
(c) Where the same is kept and lawfully used in any laboratory;
(d) Where the same is in the possession of any officers of the law, to be disposed of according to law;
(e) Where the person or corporation can prove that the same is in his or its possession for the purpose of being delivered up to an officer of the law to be disposed of according to law;
(f) Where the same is used exclusively for the distillation of ethyl alcohol to be used solely for fuel purposes.
Any person guilty of violating this section shall be guilty of a felony and, on conviction, shall be confined in the state Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year, nor more than three (3) years for his first offense, and for his second offense he shall be confined in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than five (5), nor more than ten (10) years.
SECTION 192. Section 97-31-27, Mississippi Code of 1972, is amended as follows:
97-31-27. If any person shall sell or barter, or give away or keep or have in his possession, except as authorized in this chapter, any vinous, alcoholic, malt, intoxicating or spirituous liquor, or intoxicating bitters or drinks, which if drunk to excess will produce intoxication, such person, and all others who may have owned or had any interest at the time in the liquors, bitters or drinks sold or bartered, or kept or in possession contrary to law, shall, on conviction, be punished as follows:
(a) By a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail not less than one (1) week nor more than three(3) months, or both, for the first conviction under this section.
(b) By a fine of not less than One Hundred Dollars ($100.00) and by imprisonment in the county jail not less than sixty (60) days, nor more than six (6) months, for the second conviction for violating this section.
(c) By imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not less than one (1) year nor more than five (5) years for conviction the third time under this section for the violation thereof after having been twice convicted of its violation.
SECTION 193. Section 97-33-7, Mississippi Code of 1972, is amended as follows:
97-33-7. (1) It shall be unlawful for any person or persons, firm, copartnership or corporation to have in possession, own, control, display, or operate any cane rack, knife rack, artful dodger, punch board, roll down, merchandise wheel, slot machine, pinball machine, or similar device or devices. Provided, however, that this section shall not be so construed as to make unlawful the ownership, possession, control, display or operation of any antique coin machine as defined in Section 27-27-12, or any music machine or bona fide automatic vending machine where the purchaser receives exactly the same quantity of merchandise on each operation of said machine. Any slot machine other than an antique coin machine as defined in Section 27-27-12 which delivers, or is so constructed as that by operation thereof it will deliver to the operator thereof anything of value in varying quantities, in addition to the merchandise received, and any slot machine other than an antique coin machine as defined in Section 27-27-12 that is constructed in such manner as that slugs, tokens, coins or similar devices are, or may be, used and delivered to the operator thereof in addition to merchandise of any sort contained in such machine, is hereby declared to be a gambling device, and shall be deemed unlawful under the provisions of this section. Provided, however, that pinball machines which do not return to the operator or player thereof anything but free additional games or plays shall not be deemed to be gambling devices, and neither this section nor any other law shall be construed to prohibit same.
(2) No property right shall exist in any person, natural or artificial, or be vested in such person, in any or all of the devices described herein that are not exempted from the provisions of this section; and all such devices are hereby declared to be at all times subject to confiscation and destruction, and their possession shall be unlawful, except when in the possession of officers carrying out the provisions of this section. It shall be the duty of all law-enforcing officers to seize and immediately destroy all such machines and devices.
(3) A first violation of the provisions of this section shall be deemed a misdemeanor, and the party offending shall, upon conviction, be fined in any sum not exceeding Five Hundred Dollars ($500.00), or imprisoned not exceeding three (3) months, or both, in the discretion of the court. In the event of a second conviction for a violation of any of the provisions of this section, the party offending shall be subject to a sentence of not less than six (6) months in the county jail, nor more than two (2) years in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, in the discretion of the trial court.
(4) Notwithstanding any provision of this section to the contrary, it shall not be unlawful to operate any equipment or device described in subsection (1) of this section or any gaming, gambling or similar device or devices by whatever name called while:
(a) On a cruise vessel as defined in Section 27-109-1 whenever such vessel is in the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79;
(b) In a structure located in whole or in part on shore in any of the three (3) most southern counties in the State of Mississippi in which the registered voters of the county have voted to allow such betting, gaming or wagering on cruise vessels as provided in Section 19-3-79, if:
(i) The structure is owned, leased or controlled by a person possessing a gaming license, as defined in Section 75-76-5, to conduct legal gaming on a cruise vessel under paragraph (a) of this subsection;
(ii) The part of the structure in which licensed gaming activities are conducted is located entirely in an area which is located no more than eight hundred (800) feet from the mean high-water line (as defined in Section 29-15-1) of the waters within the State of Mississippi, which lie adjacent to the State of Mississippi south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to Harrison County only, no farther north than the southern boundary of the right-of-way for U.S. Highway 90, whichever is greater; and
(iii) In the case of a structure that is located in whole or part on shore, the part of the structure in which licensed gaming activities are conducted shall lie adjacent to state waters south of the three (3) most southern counties in the State of Mississippi, including the Mississippi Sound, St. Louis Bay, Biloxi Bay and Pascagoula Bay. When the site upon which the structure is located consists of a parcel of real property, easements and rights-of-way for public streets and highways shall not be construed to interrupt the contiguous nature of the parcel, nor shall the footage contained within the easements and rights-of-way be counted in the calculation of the distances specified in subparagraph (ii).
(c) On a vessel as defined in Section 27-109-1 whenever such vessel is on the Mississippi River or navigable waters within any county bordering on the Mississippi River, and in which the registered voters of the county in which the port is located have not voted to prohibit such betting, gaming or wagering on vessels as provided in Section 19-3-79; or
(d) That is legal under the laws of the State of Mississippi.
(5) Notwithstanding any provision of this section to the contrary, it shall not be unlawful (a) to own, possess, repair or control any gambling device, machine or equipment in a licensed gaming establishment or on the business premises appurtenant to any such licensed gaming establishment during any period of time in which such licensed gaming establishment is being constructed, repaired, maintained or operated in this state; (b) to install any gambling device, machine or equipment in any licensed gaming establishment; (c) to possess or control any gambling device, machine or equipment during the process of procuring or transporting such device, machine or equipment for installation on any such licensed gaming establishment; or (d) to store in a warehouse or other storage facility any gambling device, machine, equipment, or part thereof, regardless of whether the county or municipality in which the warehouse or storage facility is located has approved gaming aboard cruise vessels or vessels, provided that such device, machine or equipment is operated only in a county or municipality that has approved gaming aboard cruise vessels or vessels. Any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired, transported or stored in accordance with this subsection shall not be subject to confiscation, seizure or destruction, and any person, firm, partnership or corporation which owns, possesses, controls, installs, procures, repairs, transports or stores any gambling device, machine or equipment in accordance with this subsection shall not be subject to any prosecution or penalty under this section. Any person constructing or repairing such cruise vessels or vessels within a municipality shall comply with all municipal ordinances protecting the general health or safety of the residents of the municipality.
SECTION 194. Section 97-33-23, Mississippi Code of 1972, is amended as follows:
97-33-23. Any person of full age who shall bet any money or thing of value with a minor, knowing such minor to be under the age of twenty-one (21) years, or allowing any such minor to bet at any game or games, or at any gaming-table exhibited by him, or in which he is interested or in any manner concerned, on conviction thereof, shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding two (2) years.
SECTION 195. Section 97-33-31, Mississippi Code of 1972, is amended as follows:
97-33-31. If any person, in order to raise money for himself or another, or for any purpose whatever, shall publicly or privately put up a lottery to be drawn or adventured for, he shall, on conviction, be imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding five (5) years.
SECTION 196. Section 97-35-7, Mississippi Code of 1972, is amended as follows:
97-35-7. (1) Whoever, with intent to provoke a breach of the peace, or under such circumstances as may lead to a breach of the peace, or which may cause or occasion a breach of the peace, fails or refuses to promptly comply with or obey a request, command, or order of a law enforcement officer, having the authority to then and there arrest any person for a violation of the law, to:
(a) Move or absent himself and any vehicle or object subject to his control from the immediate vicinity where the request, command or order is given, or
(b) Arise, if lying or sitting down, and move to a point designated by said officer outside the immediate area of, or which is affected by the occurrences at, the place of issuing such order, command or request, or
(c) Refrain from lying down or sitting down at, or in the immediate vicinity of, the place where said order, request or command is given, or
(d) Refrain from obstructing, with his body or any part thereof, or in any manner, the lawful movement or passage of any vehicle, or
(e) Refrain from placing, or permitting, or cooperating with another to place, his body or any part thereof, in front of or behind any vehicle, in such manner as to interfere with, or prevent its movement or block its path in lawful movement, or
(f) Refrain from chaining or tying or binding himself or another to any object or person, or
(g) Unbind, unchain or loosen himself, or remove himself, from any chain or other means whereby he may be prevented from moving away from the place or the immediate vicinity where he may be when such officer issues said order, request or command, or
(h) Walk or move to, enter and remain in, either or both, as may be directed by such officer, any police or other vehicle operated by any law enforcement officer or department, or any other vehicle designated by such an officer, or
(i) Act or do or refrain from acting or doing as ordered, requested or commanded by said officer to avoid any breach of the peace at or near the place of issuance of such order, request or command, shall be guilty of disorderly conduct, which is made a misdemeanor and, upon conviction thereof, such person or persons shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
(2) Any person who causes, or aids, or encourages, or abets another to violate, or in violating, any provision of subsection (1) hereof, shall be guilty of disorderly conduct which is made a misdemeanor and, upon conviction thereof, such person or persons shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
(3) If any person alone or in concert with others violates subsection (1) or (2) hereof, or both, under such circumstances or in such a manner as to evince a willful and wanton disregard for the life or safety of another and if as a result thereof another person or persons be injured, maimed or killed, the person or persons so violating subsection (1) or (2) hereof, or both, shall be guilty of a felony and, upon conviction thereof, such person or persons shall be imprisoned in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not longer than five (5) years or be fined not more than Two Thousand Dollars ($2,000.00), or both such fine and imprisonment.
(4) The act of breast-feeding shall not constitute disorderly conduct.
(5) The provisions of this section are supplementary to the provisions of any other statutes of this state.
SECTION 197. Section 97-37-23, Mississippi Code of 1972, is amended as follows:
97-37-23. (1) Except for persons who are engaged in lawful business activities or persons who are engaged in educational activities conducted by educational institutions, it is unlawful for any person to have in his possession:
(a) Dynamite caps, nitroglycerine caps, fuses, detonators, dynamite, nitroglycerine, explosives, gas or stink bombs, or other similar explosives peculiarly possessed and adapted to aid in the commission of a crime; except such person or persons who are engaged in a lawful business which ordinarily requires the use thereof in the ordinary and usual conduct of such business, and who possess said articles for the purpose of use in said business;
(b) Any:
(i) Bomb;
(ii) Grenade;
(iii) Rocket having a propellant charge of more than four (4) ounces;
(iv) Missile having an explosive or incendiary charge of more than one-quarter (1/4) ounce;
(v) Mine;
(vi) Any combination of parts either designed or intended for use in converting any device into one or more of the destructive devices described in this paragraph (b); or
(vii) Any device which consists of or includes a breakable container including a flammable liquid or compound and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound and can be carried or thrown by one (1) individual acting alone; and
(viii) Or other similar explosives peculiarly possessed and adapted to aid in the commission of a crime; and
(c) Upon conviction of any person thereof, he shall be punished by imprisonment in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed five (5) years. The possession of such explosives by one who does not customarily use same in his regular and ordinary occupational activities shall be prima facie evidence of an intention to use same for such unlawful purposes.
(2) It shall be the duty of any sheriff, constable, marshal, or policeman in a municipality, or any person vested with general police authority, who has reason to believe and does believe that the above described explosives are being transported or possessed for aid in the commission of a crime, forthwith to make a reasonable search of such person or vehicle, and to seize such explosives and to at once arrest the person or persons having possession or control thereof. Such officer or officers proceeding in good faith shall not be liable either civilly or criminally for such a search and seizure without a warrant, so long as said search and seizure is conducted in a reasonable manner, it appearing that the officer or officers had reason to believe and did believe that the law was being violated at the time such search was instituted. And the officer or officers making such search shall be competent to testify as a witness or witnesses as to all facts ascertained by means of said reasonable search or seizure, and all such explosives seized shall be admitted in evidence. But this section shall not authorize the search of a residence or home, or room, or building, or the premises belonging to or in the possession lawfully of the party suspected, without a search warrant.
(3) In order to invoke the exception provided in subsection (1) for persons who possess explosive articles for business purposes, such person must comply with the provisions of this subsection as follows:
(a) One or more individuals shall be designated by the owner of a business employing explosive articles subject to this section as the custodian for such articles; and
(b) The custodian shall notify the sheriff of any county wherein such articles are utilized or employed by registering with the sheriff in writing prior to such use and including in such registration:
(i) The business name and address of the owner of the articles;
(ii) The name, address and local address of the custodian;
(iii) The location of the job site where such articles shall be employed;
(iv) In the event subject articles will not be in the immediate possession of the custodian, the custodian shall advise the sheriff of the specific location where such articles are left or stored;
(v) Whenever business operations subject to this section or the storage of articles subject to this section occur within an incorporated municipality, the mayor or chief of police shall also be notified as required by this subsection.
(4) Any person who fails to comply with the provisions of subsection (3) of this section shall, upon conviction thereof, be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed one (1) year or by a fine in an amount not to exceed Ten Thousand Dollars ($10,000.00), or by both.
(5) The provisions of subsections (3) and (4) of this section are supplemental to any other statutory provision, ordinances of local governments or liabilities or duties otherwise imposed by law.
SECTION 198. Section 97-37-25, Mississippi Code of 1972, is amended as follows:
97-37-25. It shall be unlawful for any person at any time to bomb, or to plant or place any bomb, or other explosive matter or chemical, biological or other weapons of mass destruction or thing in, upon or near any building, residence, ship, vessel, boat, railroad station, railroad car or coach, bus station, or depot, bus, truck, aircraft, or other vehicle, gas and oil stations and pipelines, radio station or radio equipment or other means of communication, warehouse or any electric plant or water plant, telephone exchange or any of the lines belonging thereto, wherein a person or persons are located or being transported, or where there is being manufactured, stored, assembled or shipped or in the preparation of shipment any goods, wares, merchandise or anything of value, with the felonious intent to hurt or harm any person or property, and, upon conviction thereof, shall be imprisoned for life in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, if the penalty is so fixed by the jury; and in cases where the jury fails to fix the penalty at imprisonment for life in the State Penitentiary the court shall fix the penalty at imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for any term as the court, in its discretion, may determine, but not to be less than five (5) years.
SECTION 199. Section 97-37-29, Mississippi Code of 1972, is amended as follows:
97-37-29. If any person shall willfully and unlawfully shoot or discharge any pistol, shotgun, rifle or firearm of any nature or description into any dwelling house or any other building usually occupied by persons, whether actually occupied or not, he shall be guilty of a felony whether or not anybody be injured thereby and, on conviction thereof, shall be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term not to exceed ten (10) years, or by imprisonment in the county jail for not more than one (1) year, or by fine of not more than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine, within the discretion of the court.
SECTION 200. Section 97-37-31, Mississippi Code of 1972, is amended as follows:
97-37-31. It shall be unlawful for any person, persons, corporation or manufacturing establishment, not duly authorized under federal law, to make, manufacture, sell or possess any instrument or device which, if used on firearms of any kind, will arrest or muffle the report of said firearm when shot or fired or armor piercing ammunition as defined in federal law. Any person violating this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned in the Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not more than thirty (30) days, or both. All such instruments or devices shall be registered with the Department of Public Safety and any law enforcement agency in possession of such instruments or devices shall submit an annual inventory of such instruments and devices to the Department of Public Safety. The Commissioner of Public Safety shall document the information required by this section.
SECTION 201. Section 97-41-17, Mississippi Code of 1972, is amended as follows:
97-41-17. Every person who shall willfully and unlawfully administer any poison to any horse, mare, colt, mule, jack, jennet, cattle, deer, dog, hog, sheep, chicken, duck, goose, turkey, pea-fowl, guinea-fowl, or partridge, or shall maliciously expose any poison substance with intent that the same should be taken or swallowed by any horse, mare, colt, mule, jack, jennet, cattle, dog, hog, sheep, chicken, duck, goose, turkey, pea-fowl, guinea-fowl, or partridge, shall, upon conviction, be punished by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, not exceeding three (3) years, or in the county jail not exceeding one (1) year, and by a fine not exceeding Five Hundred Dollars ($500.00).
SECTION 202. Section 97-41-19, Mississippi Code of 1972, is amended as follows:
97-41-19. (1) If any person (a) shall sponsor, promote, stage or conduct a fight or fighting match between dogs, or (b) shall wager or bet, promote or encourage the wagering or betting of any money or other valuable thing upon any such fight or upon the result thereof, or (c) shall own a dog with the intent to willfully enter it or to participate in any such fight, or (d) shall train or transport a dog for the purposes of participation in any such fight, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not less than one (1) nor more than three (3) years, or by both such fine and imprisonment, in the discretion of the court.
(2) If any person shall be present, as a spectator, at any location where preparations are being made for an exhibition of a fight between dogs with the intent to be present at such preparations, or if any person shall be present at an exhibition of a fight between dogs with the intent to be present at such exhibition, he shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for a term of not more than one (1) year, or by both such fine and imprisonment, in the discretion of the court.
(3) Any law enforcement officer making an arrest under subsection (1) of this section may lawfully take possession of all dogs and all paraphernalia, implements, equipment or other property used in violation of subsection (1) of this section. Such officer shall file with the circuit court of the county within which the alleged violation occurred an affidavit stating therein (a) the name of the person charged, (b) a description of the property taken, (c) the time and place of the taking, (d) the name of the person who claims to own such property, if known, and (e) that the affiant has reason to believe, stating the ground of such belief, that the property taken was used in such violation. He shall thereupon deliver the property to such court which shall, by order in writing, place such dogs, paraphernalia, implements, equipment, or other property in the custody of a licensed veterinarian, the local humane society or other animal welfare agency, or other suitable custodian, to be kept by such custodian until the conviction or final discharge of the accused, and shall send a copy of such order without delay to the district attorney of the county. The custodian named and designated in such order shall immediately assume the custody of such property and shall retain same, subject to order of the court.
Upon the certification of a licensed veterinarian or officer of the humane society or animal welfare agency that, in his professional judgment, a dog which has been seized is not likely to survive the final disposition of the charges or that, by reason of the physical condition of the dog, it should be humanely euthanized before such time, the court may order the dog humanely euthanized. The court shall make its finding of whether to issue such an order within seven (7) days from the certification by the veterinarian or officer of the humane society or animal welfare agency. The owner of a dog which is euthanized without an order of the court with such certification of a licensed veterinarian or officer of the humane society or other animal welfare agency shall have a right of action for damages against the department or agency by which the arresting or seizing officer is employed. Upon conviction of the person charged with a violation of subsection (1) of this section, all dogs seized shall be adjudged by the court to be forfeited and the court shall order a humane disposition of the same. In no event shall the court order the dog to be euthanized without the certification of a licensed veterinarian or officer of the humane society or other animal welfare agency that, in his judgment, the dog is not likely to survive or that, by reason of its physical condition, the dog should be humanely euthanized. In the event of the acquittal or final discharge without conviction of the accused, the court shall direct the delivery of the property so held in custody to the owner thereof. All reasonable expenses incurred by the custodian of seized dogs and property shall be charged as costs of court, to be taxed against the owner or county in the discretion of the court.
(4) Nothing in subsection (1) of this section shall prohibit any of the following:
(a) The use of dogs in the management of livestock, by the owner of such livestock or other persons in lawful custody thereof;
(b) The use of dogs in lawful hunting; and
(c) The training of dogs for any purpose not prohibited by law.
SECTION 203. Section 99-19-15, Mississippi Code of 1972, is amended as follows:
99-19-15. When the court shall be satisfied that a person who has been found guilty of a felony not capital is not more than sixteen, the punishment imposed may, in the discretion of the court, be imprisonment in the county jail not exceeding one (1) year, instead of imprisonment in the Penitentiary or his or her sentence may be completed in the intensive supervision program of the Department of Corrections, as authorized in Section 1 of this act.
SECTION 204. Section 99-19-32, Mississippi Code of 1972, is amended as follows:
99-19-32. (1) Offenses punishable by imprisonment in the State Penitentiary or sentenced to the intensive supervision program of the Department of Corrections in lieu of the Penitentiary, as authorized under Section 1 of this act, for more than one (1) year and for which no fine is provided elsewhere by statute may be punishable by a fine not in excess of Ten Thousand Dollars ($10,000.00). Such fine, if imposed, may be in addition to imprisonment or any other punishment or penalty authorized by law.
(2) Such assessments as are collected under subsection (5) of Section 99-19-73 shall be deposited in a special fund hereby created in the State Treasury to be designated the "Criminal Justice Fund." The Legislature may make appropriations from the Criminal Justice Fund for the purpose of defraying such costs as the state incurs in the administration of the criminal justice system of this state.
SECTION 205. This act shall take effect and be in force from and after July 1, 2010.
