MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary, Division A

By: Senator(s) Wiggins

Senate Bill 2203

AN ACT TO CREATE NEW SECTION 1-3-6, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM CRIME OF VIOLENCE; TO AMEND SECTIONS 47-5-401, 47-5-451 AND 99-15-107, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  The following shall be codified as Section 1-3-6, Mississippi Code of 1972:

     1-3-6.  The term "crime of violence" when used in any statute means a felonious offense under the laws of this state or of another state or of the United States that has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or that by its very nature involves a substantial risk that physical force against the person or property of another may be used, or an offense involving the use or possession of a dangerous or deadly weapon and includes, but is not limited to:

          (a)  Capital murder, first- and second-degree murder and attempted murder;

          (b)  All forms of manslaughter;

          (c)  The killing of an unborn child, as defined by Section 97-3-37, Mississippi Code of 1972;

          (d)  Offenses as defined by Sections 63-11-30(5) and 63-11-30(12)(d), Mississippi Code of 1972;

          (e)  All felonious forms of assault and domestic violence;

          (f)  Kidnapping;

          (g)  Human trafficking;

          (h)  Mayhem;

          (i)  Poisoning with intent to kill or injure or to kill, regardless of whether death ensued;

          (j)  Rape as defined by Section 97-3-65(4)(a), Mississippi Code of 1972, and assault with intent to ravish;

          (k)  Robbery, with or without the use or exhibition of a deadly weapon;

          (l)  Extortion;

          (m)  Sexual battery, including sexual battery of a vulnerable person

          (n)  Aggravated stalking;

          (o)  Drive-by shooting; drive-by bombing;

          (p)  Carjacking, with or without the use the use of a firearm or other deadly weapon;

          (q)  Gratification of lust or fondling as defined by Section 97-5-23 and Section 43-47-18(2)(a) or (b), Mississippi Code of 1972;

          (r)  Felonious neglect, abuse or battery of a child;

          (s)  Intimidation of judge, juror, witness, attorney or other officer;

          (t)  Burglary of a dwelling or burglary with explosives;

          (u)  Shooting into a dwelling house;

          (v)  Arson, as defined by Section 97-17-1, 97-17-3, or 97-17-5, Mississippi Code of 1972;

          (w)  Possession of a firearm or other weapons by a convicted felon, as defined by Section 97-37-5(1), Mississippi Code of 1972;

          (x)  Carrying concealed deadly weapons as defined by Section 97-37-1(1)(c) and (d), Mississippi Code of 1972;

          (y)  The use or deployment of explosives and weapons of mass destruction, as defined by Section 97-37-25, Mississippi Code of 1972;

          (z)  Felonious abuse or battery of a vulnerable person;

          (aa)  Any attempt or conspiracy to commit any crime of violence.

     SECTION 2.  Section 47-5-401, Mississippi Code of 1972, is amended as follows:

     47-5-401.  (1)  There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county.  Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421.  The department shall also recommend rules and regulations concerning the participation of state inmates in the program.

     (2)  An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 if he has been convicted of any crime of violence * * *, including but not limited to murder, aggravated assault, rape, robbery or armed robbery.

     (3)  The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work.  Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.

     SECTION 3.  Section 47-5-451, Mississippi Code of 1972, is amended as follows:

     47-5-451.  (1)  There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county.  Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421.  The department shall also recommend rules and regulations concerning the participation of state inmates in the program.

     (2)  An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, if he has been convicted of any crime of violence * * *, including, but not limited to, murder, aggravated assault, rape, robbery or armed robbery.

     (3)  The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, are restricted to the performance of public service work for counties, municipalities, the state, nonprofit charitable organizations or churches, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations or churches to use offenders to perform any public service work.  Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.

     SECTION 4.  Section 99-15-107, Mississippi Code of 1972, is amended as follows:

     99-15-107.  A person shall not be considered for intervention if he or she has previously been accepted into an intervention program nor shall intervention be considered for those individuals charged with any crime of violence * * * including, but not limited to, murder, aggravated assault, rape, armed robbery, manslaughter or burglary of a dwelling house.  A person shall not be eligible for acceptance into the intervention program provided by Sections 99-15-101 through 99-15-127 if such person has been charged (a) with an offense pertaining to the sale, barter, transfer, manufacture, distribution or dispensing of a controlled substance, or the possession with intent to sell, barter, transfer, manufacture, distribute or dispense a controlled substance, as provided in Section 41-29-139(a)(1), Mississippi Code of 1972, except for a charge under said provision when the controlled substance involved is one (1) ounce or less of marijuana; or (b) with an offense pertaining to the possession of one (1) kilogram or more of marijuana as provided in Section 41-29-139(c)(2)(D), Mississippi Code of 1972.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2014.