reglab/housing_qa huggingface dataset:
MS Code § 99-19-157 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Victim Impact Statement Act|§ 99-19-157. Victim impact statement

  If a court orders the preparation of a presentence evaluation report on a defendant in a felony case, the presentence investigator shall prepare a written victim impact statement for the court which shall be appended to such report. The statement shall include applicable information obtained during consultation with the victim or the victim representative. If the victim or victim representative cannot be located or declines to cooperate in the preparation of the statement, the presentence investigator shall include a notation to that effect in the statement. If there are multiple victims and preparation of individual victim impact statements is not feasible, the presentence investigator may submit one or more representative statements.   If a court does not order the preparation of a presentence evaluation report on a defendant in a felony case, the victim or victim representative may also submit a victim impact statement in one or both of the following ways:   With the permission of the trial court, the victim may present an oral victim impact statement at any sentencing hearing. However, where there are multiple victims, the court may limit the number of oral victim impact statements.   The victim may submit a written statement to the prosecuting attorney, who shall present such statement to the trial judge prior to sentencing.
MS Code § 99-19-159 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Victim Impact Statement Act|§ 99-19-159. Victim impact statement to be made available to defense and to prosecution; statement as factor in sentencing; cooperation of victim not mandatory

  At least forty-eight (48) hours prior to the date of sentencing, the court shall make available copies of the statement to the defendant, defendant's counsel and the prosecuting attorney. These parties shall return all copies of the statement to the court immediately following the imposition of sentence upon the defendant.   Any victim impact statement submitted to the court under Section 99-19-157 shall be among the factors considered by the court in determining the sentence to be imposed upon the defendant.   Sections 99-19-151 through 99-19-161 shall not be construed to require a victim or victim representative to submit a victim impact statement or to cooperate in the preparation of a victim impact statement.
MS Code § 99-19-161 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Victim Impact Statement Act|§ 99-19-161. Notice to victim prior to sentencing

 The prosecuting attorney shall notify the victim or the victim representative in writing of the date, time and place of any sentencing hearing. If a sentencing hearing is not ordered by the trial judge, the prosecuting attorney shall notify the victim or the victim representative of his right to prepare a written victim impact statement to be considered by the trial judge prior to sentencing. A copy of any relevant rules and regulations pertaining to the victim impact statement and the hearing shall accompany the notice. The notice and the copy of any relevant rules and regulations shall be sent to the last known address of the victim or the victim representative at least five (5) days prior to the sentencing hearing.
MS Code § 99-19-201 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|HIV and AIDS Testing of Persons Convicted of Sex Offenses|§ 99-19-201. Definitions

 The following terms shall have the meanings ascribed to them herein unless the context requires otherwise:   "AIDS" means acquired immunodeficiency syndrome, AIDS related complex and any similar disease.   "HIV" means the human immunodeficiency virus or any other identified causative agent of AIDS.   "Sex offense" means any offense described in Section 45-33-23 or any offense involving the crime of rape.   "Test" means a test to determine the presence of the AIDS disease or the presence of the antibody or antigen to HIV or the presence of HIV infection.
MS Code § 99-19-203 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|HIV and AIDS Testing of Persons Convicted of Sex Offenses|§ 99-19-203. Testing of persons convicted of sex offenses for HIV and AIDS

 Any person who is convicted of a sex offense on or after July 1, 1994, and who is sentenced to any state or local correctional facility, placed on probation, given a suspended sentence or other disposition shall be tested for HIV and AIDS by the State Department of Health in conjunction with the State Department of Corrections. An offender who is confined for more than ninety (90) days shall be tested for HIV and AIDS within thirty (30) days before the date of such offender's release. The results of any positive HIV or AIDS tests shall be reported to the victim(s) of such offense and the offender. Any positive HIV or AIDS test results shall also be reported to the victim's spouse and to the spouse of the person who is convicted of such sex offense, if either or both of them are lawfully married. The State Department of Health shall provide counseling and the referral to appropriate treatment for victim(s) of a sex offense where the convicted offender tested positive for HIV or AIDS.
MS Code § 99-19-301 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced Penalties for Offenses Committed for Discriminatory Reasons|§ 99-19-301. Penalties subject to enhancement; definitions

  The penalty for any felony or misdemeanor shall be subject to enhancement as provided in Sections 99-19-301 through 99-19-307 if the felony or misdemeanor was committed because of the actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender of the victim.   The penalty for any felony or misdemeanor shall be subject to enhancement as provided in Sections 99-19-301 through 99-19-307 if the felony or misdemeanor was committed with the specific intent to target an individual or group because of actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician.   As used in Sections 99-19-301 through 99-19-307:   "Law enforcement officer" means any law enforcement officer, part-time law enforcement officer or law enforcement trainee as defined in Section 45-6-3, as well as any reserve or volunteer law enforcement officer and any federal law enforcement officer or employee whose permanent duties include making arrests, performing search and seizures, execution of criminal arrest warrants, execution of civil seizure warrants, or the care, custody, control or supervision of inmates.   "Firefighter" means any firefighter regularly employed by a fire department of any municipality, county, or fire protection district of the State of Mississippi and includes a volunteer firefighter.   "Emergency medical technician" means a person qualified under Sections 41-59-33 and 41-59-35.
MS Code § 99-19-303 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced Penalties for Offenses Committed for Discriminatory Reasons|§ 99-19-303. Notice of enhancement

  For enhancement of the penalty for a felony offense to apply, the prosecuting attorney if the defendant is charged by information, or grand jury if an indictment is returned, shall provide notice upon the information or indictment that the prosecutor will seek the enhanced penalty provided in Sections 99-19-301 through 99-19-307. The notice shall be in a clause separate from and in addition to the substantive offense charged and shall not be considered as an element of the offense charged.   For enhancement of the penalty for a misdemeanor to apply, the affiant, the prosecuting attorney if the defendant is charged by information, or grand jury if an indictment is returned, shall provide written notice that the enhanced penalty will be sought as provided in Sections 99-19-301 through 99-19-307. The notice shall be in a clause separate from and in addition to the substantive offense charge and shall not be considered as an element of the offense charged.   There shall be no mention in the guilt or innocence phase of the trial or in any documents or evidence seen by the jury that an enhanced penalty may be sought.
MS Code § 99-19-305 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced Penalties for Offenses Committed for Discriminatory Reasons|§ 99-19-305. Sentencing proceedings; required findings for enhanced penalty

  Upon conviction or adjudication of guilt of a defendant where notice has been duly given that an enhanced penalty will be sought as provided in Sections 99-19-301 through 99-19-307, the court shall conduct a separate sentencing proceeding to determine the sentence. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge shall summon a jury to determine whether an enhanced penalty should be imposed. If trial by jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose. Provided, however, that if the defendant enters a plea of guilty and waives trial by jury for the sentencing proceeding, the sentencing proceeding shall be conducted before the trial judge sitting without a jury. In the proceeding, evidence may be presented as to any matter that the court deems relevant to sentence. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of the State of Mississippi. The state and the defendant or his counsel or both defendant and counsel shall be permitted to present arguments for or against any sentence sought.   In order to impose an enhanced penalty under the provisions of Sections 99-19-301 through 99-19-307, the jury must find beyond a reasonable doubt:   That the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated; and   That the defendant maliciously and with specific intent committed the offense because the victim was within the class delineated.     That the victim was within the class delineated means that the reason the underlying crime was committed was the victim's actual or perceived race, color, religion, ethnicity, ancestry, national origin or gender, or that the reason the underlying crime was committed was the victim's actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician.
MS Code § 99-19-307 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced Penalties for Offenses Committed for Discriminatory Reasons|§ 99-19-307. Amount penalty may be enhanced

 If it is found beyond a reasonable doubt that the offense was committed by reason of (a) the actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender of the victim, or (b) the victim's actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician, then the penalty for the offense may be enhanced by punishment for a term of imprisonment of up to twice that authorized by law for the offense committed, or a fine of up to twice that authorized by law for the offense committed, or both.
MS Code § 99-19-309 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced Penalties for Offenses Committed for Discriminatory Reasons|§ 99-19-309. Freedom of speech and freedom of assembly not abridged by Sections 99-19-301 through 99-19-307

 Nothing in Sections 99-19-301 through 99-19-307 shall abridge freedom of speech or the freedom to peaceably assemble as protected in Article III, Sections 11 and 13 of the Mississippi Constitution of 1890 and the First Amendment of the United States Constitution.
MS Code § 99-19-351 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced Penalties for Crimes Committed Against Elderly Persons|§ 99-19-351. Penalties subject to enhancement

 The penalty for any felony or misdemeanor which is a crime of violence or the crime of burglary or breaking and entering the dwelling of another shall be subject to enhancement as provided in Sections 99-19-351 through 99-19-357 if the felony or misdemeanor was committed against any victim who is sixty-five (65) years of age or older or who is disabled as described in 42 USCS 12102.
MS Code § 99-19-353 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced Penalties for Crimes Committed Against Elderly Persons|§ 99-19-353. Notice of enhancement

  For enhancement of the penalty for a felony offense to apply, the prosecuting attorney, if the defendant is charged by information, or grand jury, if an indictment is returned, shall provide notice upon the information or indictment that the prosecutor will seek the enhanced penalty provided in Sections 99-19-351 through 99-19-357. The notice shall be in a clause separate from and in addition to the substantive offense charged and shall not be considered as an element of the offense charged.   For enhancement of the penalty for a misdemeanor to apply, the affiant, the prosecuting attorney, if the defendant is charged by information, or grand jury, if an indictment is returned, shall provide written notice that the enhanced penalty will be sought as provided in Sections 99-19-351 through 99-19-357. The notice shall be in a clause separate from and in addition to the substantive offense charge and shall not be considered as an element of the offense charged.   There shall be no mention in the guilt or innocence phase of the trial or in any documents or evidence seen by the jury that an enhanced penalty may be sought.
MS Code § 99-19-355 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced Penalties for Crimes Committed Against Elderly Persons|§ 99-19-355. Sentencing proceedings; required findings for enhanced penalty

  Upon conviction or adjudication of guilt of a defendant where notice has been duly given that an enhanced penalty will be sought as provided in Sections 99-19-351 through 99-19-357, the court shall conduct a separate sentencing proceeding to determine the sentence. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge shall summon a jury to determine whether an enhanced penalty should be imposed. If trial by jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose. If the defendant enters a plea of guilty and waives trial by jury for the sentencing proceeding, the sentencing proceeding shall be conducted before the trial judge sitting without a jury. In the proceeding, evidence may be presented as to any matter that the court deems relevant to sentence. This subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of the State of Mississippi. The state and the defendant, or his counsel, or both defendant and counsel, shall be permitted to present arguments for or against any sentence sought.   In order to impose an enhanced penalty under the provisions of Sections 99-19-351 through 99-19-357, the jury must find beyond a reasonable doubt:   That the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated; and   That the defendant maliciously and with specific intent committed the offense to any victim who is sixty-five (65) years of age or older or who is disabled as described in 42 USCS 12102.
MS Code § 99-19-357 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced Penalties for Crimes Committed Against Elderly Persons|§ 99-19-357. Amount penalty may be enhanced

 The penalty for the offense may be enhanced by punishment for a term of imprisonment of up to twice that authorized by law for the offense committed, or a fine of up to twice that authorized by law for the offense committed, or both.
MS Code § 99-19-401 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Enhanced penalties for unlawful use of financial instruments or identifying information taken from owner by means of violent crime or burglary|§ 99-19-401. Enhanced penalty; offenses subject to enhancement of penalty; applicable crimes during which instrumentalities were initially obtained

  Every person convicted in this state of any of the offenses listed in subsection (2) of this section may be sentenced to an additional term of up to five (5) years for the offense listed in subsection (2).   If the conditions set forth in subsection (3) exist, the following crimes, whether misdemeanor or felony, shall be subject to enhancement of penalty as set out in subsection (1):   Section 63-1-60 or 45-35-13 relating to fraudulent use of an identification card or driver's license;   Section 97-19-21 or 97-19-29 relating to fraudulent use of a credit card;   Section 97-19-33 or 97-29-35 relating to false personation;   Section 97-45-19 relating to identity theft;   Section 97-19-39, 97-19-41 or 97-19-85 relating to fraud; and   Section 97-21-23, 97-21-25, 97-21-29, 97-21-37, 97-21-49, 97-21-51, 97-21-53 or 97-21-55 relating to forgery.       The offenses listed in subsection (2) shall be subject to enhancement under subsection (1) in every case in which the instrumentality used in the commission of the subsection (2) offense was initially obtained, whether by the offender or another person, in the course of the commission of at least one (1) of the following crimes:   Section 97-3-7 relating to assault;   Section 97-3-19, 97-3-25, 97-3-27, 97-3-35 or 97-3-47 relating to homicide;   Section 97-3-53 relating to kidnapping;   Section 97-3-73, 97-3-77, 97-3-79 or 97-3-81 relating to robbery;   Section 97-3-117 relating to carjacking;   Section 97-17-23 or 97-17-33 relating to burglary; or   Section 97-17-41, 97-17-42, 97-17-43, or 97-17-45 relating to larceny.     For the purposes of this section, "instrumentality" means the credit card, debit card, bank card, bank draft, other document or financial instrument, or any identifying information including an account number taken from the person, possession, custody or control of another during the commission of any of the crimes listed in this subsection.     This section shall not prohibit prosecution under any other criminal statute of this state or the United States.
MS Code § 99-35-1 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 1 - Appeals to Circuit Courts|§ 99-35-1. Right of appeal; requirement to post bond; trial de novo on appeal

 In all cases of conviction of a criminal offense against the laws of the state by the judgment of a justice court, or by a municipal court, for the violation of an ordinance thereof, an appeal may be taken within forty (40) days from the date of such judgment of conviction to the county court of the county, in counties in which a county court is in existence, or the circuit court of the county, in counties in which a county court is not in existence, which shall stay the judgment appealed from. Any person appealing a judgment of a justice court or a municipal court under this section shall post bond for court costs relating to such appeal. The amount of such bond shall be determined by the justice court judge or municipal judge, payable to the state in an amount of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00).   On appearance of the appellant in the circuit court the case shall be tried anew and disposed of as other cases pending therein.
MS Code § 99-35-3 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 1 - Appeals to Circuit Courts|§ 99-35-3. Appearance bond

 The appellant if sentenced to imprisonment for an offense or to stand committed until his fine and costs shall be paid, may be relieved from such imprisonment or commitment pending his appeal, by giving bond with sufficient resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by the justice court judge or municipal judge, payable to the state in the penalty of not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), except for the violation of any of the criminal statutes of Mississippi prohibiting the sale and possession of intoxicating liquors, when the bond shall not be less than One Hundred Fifty Dollars ($150.00), nor more than One Thousand Dollars ($1,000.00), to be determined by the justice court judge or municipal judge in reference to the grade of the offense as indicated by the judgment and ability of the appellant to give bond, conditioned to appear before the appellate court at the next term after such appeal shall be taken, to answer to the charge against him, and so to continue until discharged. On default of defendant a forfeiture shall be entered against him and his sureties.
MS Code § 99-35-5 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 1 - Appeals to Circuit Courts|§ 99-35-5. Sheriff empowered to take appeal bond from misdemeanant convicted in justice court

 The sheriff of any county is empowered and directed to take an appeal bond in any case of a conviction of a misdemeanor before a justice of the peace of his county, and upon the prisoner or his attorney furnishing a valid appeal bond, and the sheriff taking and approving the same, he shall discharge the appellant from custody, turn over the bond to the circuit clerk and notify the justice of the peace that an appeal has been taken and direct him to send up all papers to the next term of the circuit court in the same manner as if the appeal bond had been filed with the justice from whose judgment the appeal was taken. Nothing in this section shall prevent a justice of the peace from accepting and receiving appeal bonds as provided by law, but the sheriff shall have power concurrent with the justice of the peace of their counties in all matters pertaining to the taking of appeal bonds in similar cases.
MS Code § 99-35-7 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 35 - Appeals|Article 1 - Appeals to Circuit Courts|§ 99-35-7. Appeals without bond or supersedeas

 Any person who shall have been convicted of a criminal offense against the laws of this state, by the judgment of a justice court, or by a municipal court for the violation of an ordinance of the municipality, who by reason of his poverty is not able to give bond as prescribed in Section 99-35-3, may nevertheless appeal from such conviction on his making an affidavit that, by reason of his poverty, he is unable to give bond or other security to obtain such appeal, but the appeal in such case shall not operate as a supersedeas of the judgment, nor discharge the appellant from custody, but the judgment shall be executed as if an appeal had not been taken, unless the presiding judge of the appellate court shall, for good reason, see fit to stay the execution of the judgment rendered by the court below by ordering the release of the defendant on his own recognizance, and this shall not affect the trial of the case anew in the appellate court.