MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary, Division B
By: Senator(s) Longwitz
AN ACT TO AMEND SECTION 97-3-7, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR SIMPLE AND AGGRAVATED DOMESTIC VIOLENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-3-7, Mississippi Code of 1972, is amended as follows:
97-3-7. (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) 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.
(b) However, a person
convicted of simple assault * * * upon * * * any of the persons listed in subsection
(9) of this section 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) A person is guilty of aggravated assault if he (i) 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; (ii) 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; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.
(b) However, a person
convicted of aggravated assault * * * upon * * * any of the persons listed in
subsection (9) of this section 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) A person is guilty of simple domestic violence who:
(i) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;
(ii) Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or
(iii) Attempts by physical menace to put another in fear of imminent serious bodily harm when the offense is committed against a current or former spouse of the defendant 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, a parent, grandparent, child, grandchild or someone similarly situated to 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.
(b) Upon conviction,
the defendant shall be punished by a fine of not more than * * * One Thousand
Five Hundred Dollars ($1,500.00) or by imprisonment in the county jail for
not more than * * * one (1) year, or both, except that upon a third or
subsequent conviction of simple domestic violence under this section or a
substantially similar law of another state, of the United States, or of a
federally recognized Native American tribe, whether against the same or another
victim, 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
determining the number of prior simple domestic violence convictions for
purposes of imposing punishment under this section, the court shall disregard
any conviction occurring more than seven (7) years before the simple domestic
violence offense in question.
(c) 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) A person is guilty of aggravated domestic violence who:
(i) Attempts to cause serious bodily injury to another, or causes such an injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
(ii) 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; or
(iii) Strangles, or attempts to strangle
a current or former spouse of the defendant 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, a parent, grandparent, child, grandchild or someone similarly situated to 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.
(b) Upon conviction, the defendant shall be punished by a fine of not more than Three Thousand Dollars ($3,000.00) or imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years, or both, except that, upon a third or subsequent conviction of aggravated domestic violence, whether against the same or another victim, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. In determining the number of prior aggravated domestic violence convictions for purposes of imposing punishment under this section, the court shall disregard all such convictions occurring more than seven (7) years before to the aggravated domestic violence offense in question.
(c) 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.
(d) Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4).
(e) A person convicted of aggravated domestic violence shall not be eligible for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence.
(5) For the purposes of this section:
(a) "Strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck, throat or chest of another person by any means or to intentionally block the nose or mouth of another person by any means.
(b) "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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (3) or (4) of this section.
(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 clerk shall enter the disposition of the matter into the corresponding uniform offense report.
(9) Assault upon any of the following listed persons when that person is acting within the scope of his duty, office or employment is an aggravating circumstance for charging under subsections (1)(b) and (2)(b) if the person is:
(i) A statewide elected official; law enforcement officer; fireman; emergency medical personnel; public health personnel; social worker, family protection specialist or family protection worker employed by the Department of Human Services or another agency; youth detention center personnel; county or municipal jail officer; superintendent, principal, teacher or other instructional personnel, school attendance officer, or school bus driver; judge of a circuit, chancery, county, justice, municipal or youth court, judge of the Court of Appeals or justice of the Supreme Court; district attorney or legal assistant to a district attorney; county prosecutor or municipal prosecutor; court reporter employed by a court, court administrator, clerk or deputy clerk of the court; or public defender;
(ii) 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
(iii) A person who is sixty-five (65) years of age or older; or a person who is a vulnerable person, as defined in Section 43-47-5.
SECTION 2. This act shall take effect and be in force from and after July 1, 2014.