reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-59 - [Repealed]

Repealed by Laws, 1984, ch. 448, § 10, eff. 7/1/1984.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 2(22); 1857, ch. 64, art. 327; 1871, § 2820; 1880, § 3095; 1892, § 1451; 1906, § 1524; Hemingway's 1917, § 1286; 1930, § 1311; 1942, § 2559.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-61 - Cost of trial and/or execution of one committing crime within confines of penitentiary, or of inmate committing crime outside bounds of penitentiary

The commissioner of corrections is hereby authorized and empowered to pay out of any available funds of the department of corrections all lawful costs, fees, and expenses and/or the costs of the execution of any person, not a legal resident of Sunflower County, Mississippi, who is charged, tried and/or executed for the commission of a crime within the confines of the penitentiary, or any crime committed outside the bounds of the land of the penitentiary by any inmate lawfully charged thereto. Such costs shall include the reasonable expense of burial in the event the person is executed and the body is not claimed by relatives or friends, and any and all other expenses required to be borne by the state of Mississippi under the provisions of Sections
99-19-53
and
99-19-55
. It is intended hereby to provide a means and method and source of payment of such expenses which said sections require to be borne by the state.
Codes, 1942, § 2559.5; Laws, 1955, Ex. ch. 44; Laws, 1964, ch. 359; Laws, 1984, ch. 448, § 6, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-63 - [Repealed]

Repealed by Laws, 1980, ch. 555, § 9, eff. 7/1/1980.
Codes, 1942, § 2611.5; Laws, 1962, ch. 299, §§ 1-4; 1964, ch. 360, §§ 1-5.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-65 - Collection of fines, penalties, and list reported

The clerk of the circuit court shall, immediately after the adjournment of every term, issue execution according to the nature of the case, for all fines, penalties and forfeitures assessed by the court, or which shall have accrued to the state or to the county, and remaining due and unpaid. Said clerk shall, within thirty days after such adjournment, transmit a list of said executions to the clerk of the board of supervisors of the county, noting the names of the defendants, the amounts, and the sheriff or other officer to whom the same was delivered; and, at the same time he shall transmit to said clerk a statement of the returns made by the sheriff or other officer on execution for fines, penalties, and forfeitures returnable to the last term of the court. Any circuit court clerk who shall fail to issue such executions, or to transmit the lists thereof as required, shall forfeit and pay the sum of two hundred dollars for every such offense, to be recovered by the state or county, on motion against him and his sureties by the district attorney, before the circuit court. The clerk of the board of supervisors shall notify the district attorney of such default.
Codes, 1857, ch. 61, art 304; 1871, § 867; 1880, § 1785; 1892, § 764; 1906, § 826; Hemingway's 1917, § 614; 1930, § 618; 1942, § 1562.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-67 - Remedy against officer, in reference to fines

If any sheriff or other officer shall return on any such writ of execution, that he hath levied the fine, penalty, or forfeiture therein mentioned, or any part thereof; or, that he hath taken the body of the defendant, and shall have suffered such defendant to escape; or, if any person be committed to the custody of such sheriff or other officer until the fine, penalty, or forfeiture for which he was committed shall be paid, and such sheriff or officer shall permit such defendant to escape; or, if such sheriff or officer shall have received such fine, penalty, or forfeiture, or any part thereof, and shall not immediately account to the clerk of the board of supervisors and pay the same into the treasury of the county, then, in either of the cases above specified, it shall be the duty of said clerk to notify the district attorney of such default, who shall thereupon, on motion at the next term of the circuit court, demand judgment against such sheriff, or other officer, and his sureties, for the fines, penalties, and forfeitures mentioned in such writs, or for so much thereof as he shall have received on such execution or commitment, or the whole amount thereof in case he shall have suffered such defendant or defendants to escape; and the court shall give judgment accordingly, and award execution thereon.
Codes, 1857, ch. 61, art. 308; 1871, § 869; 1880, § 1788; 1892, § 766; 1906, § 828; Hemingway's 1917, § 616; 1930, § 619; 1942, § 1563.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-69 - Liability of officers for default as to fines

Clerks, sheriffs, and other officers shall be liable to the same proceedings for any neglect of duty, in respect to executions for fines, penalties, and forfeitures, as in case of executions in civil cases.
Codes, 1857, ch. 61, art. 308; 1871, § 869; 1880, § 1788; 1892, § 766; 1906, § 828; Hemingway's 1917, § 616; 1930, § 620; 1942, § 1564.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-72 - Filing fee for petition to expunge certain first offenses; distribution of fees collected

(1)
A filing fee of One Hundred Fifty Dollars ($150.00) is hereby levied on each petition to expunge an offense under Section
99-19-71
to be collected by the circuit clerk and distributed as follows:
(a)
One Hundred Dollars ($100.00) to be deposited into the Judicial System Operation Fund;
(b)
Forty Dollars ($40.00) to be deposited into the District Attorneys Operation Fund; and
(c)
Ten Dollars ($10.00) to be retained by the circuit clerk collecting the fee for administration purposes.
(2)
From and after July 1, 2016, the expenses of district attorneys shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized by paragraphs (a) and (b) of subsection (1) of this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer, and charges and fees authorized by paragraph (c) of subsection (1) of this section shall be retained by the circuit clerks for expenditures authorized by law.
Laws, 2010, ch. 561, § 1, eff. 7/1/2010.
Amended by Laws, 2017EX1, ch. 7, SB 2001,§ 12, eff. 6/23/2017.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-75 - Assessment on certain offenses to be deposited in Mississippi Children's Trust Fund or Victims of Human Trafficking and Commercial Sexual Exploitation Fund

(1)
In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected from each person upon whom a court imposes a fine or other penalty for any violation of Section
97-3-65
,
97-5-1
et seq. or 97-3-7, when committed against a minor, an assessment of One Thousand Dollars ($1,000.00) to be deposited into the Mississippi Children's Trust Fund created in Section
93-21-305
, using the procedures described in Section
99-19-73
.
(2)
In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected from each person upon whom a court imposes a fine or other penalty for any violation of Section
97-3-7
,
97-3-54.1
,
97-3-65
,
97-3-95
,
97-5-1
et seq., or 97-29-51 an assessment of One Thousand Dollars ($1,000.00) to be deposited into the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund" created in Section
97-3-54.11
.
Laws, 2005, ch. 516, § 1, eff. 7/1/2005.
Amended by Laws, 2020, ch. 493, HB 1559,§ 5, eff. 7/8/2020.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › IN GENERAL (§§ 99-19-1 — 99-19-77) › Section 99-19-77 - Assessment against convicted criminal defendants to cover costs of investigations; use of assessments

In addition to any criminal penalties or fines, the court may impose an assessment against a defendant convicted of a felony violation, or a Class I violation that is punishable as provided in Section
49-7-141
, investigated by the Office of the Attorney General, the district attorneys, sheriffs, the Mississippi Bureau of Investigation, the Mississippi Department of Human Services, Office of Inspector General, Fraud Investigative Unit, Mississippi Bureau of Narcotics, the Mississippi Agricultural and Livestock Theft Bureau, the Mississippi Department of Wildlife, Fisheries and Parks and municipal police departments which may cover all reasonable costs of the investigation. Costs are to be paid to the appropriate governmental entity incurring the particular item of cost and include, but are not limited to, the cost of investigators, service of process, court reporters, expert witnesses and attorney's fees, and transportation costs expended by the governmental entity in the investigation of such case, and must be used to augment the governmental entity's existing budget and not to supplant it.
Laws, 2010, ch. 350, § 1; Laws, 2011, ch. 403, § 1, eff. 7/1/2011.
Amended by Laws, 2024, ch. 356, HB 1024,§ 1, eff. 7/1/2024.
Amended by Laws, 2015, ch. 373, HB 718, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › SENTENCING OF HABITUAL CRIMINALS (§§ 99-19-81 — 99-19-87) › Section 99-19-81 - Sentencing of habitual criminals to maximum term of imprisonment

Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony unless the court provides an explanation in its sentencing order setting forth the cause for deviating from the maximum sentence, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.
Laws, 1976, ch. 470, § 1, eff. 1/1/1977.
Amended by Laws, 2018, ch. 416, HB 387,§ 12, eff. 7/1/2018.
Brought forward by Laws, 2014, ch. 457, HB 585, 79, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › SENTENCING OF HABITUAL CRIMINALS (§§ 99-19-81 — 99-19-87) › Section 99-19-83 - Sentencing of habitual criminals to life imprisonment

Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to and served separate terms of one (1) year or more, whether served concurrently or not, in any state and/or federal penal institution, whether in this state or elsewhere, and where any one (1) of such felonies shall have been a crime of violence, as defined by Section
97-3-2
, shall be sentenced to life imprisonment, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole, probation or any other form of early release from actual physical custody within the Department of Corrections.
Laws, 1976, ch. 470, § 2, eff. 1/1/1977.
Amended by Laws, 2014, ch. 457, HB 585, 78, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › SENTENCING OF HABITUAL CRIMINALS (§§ 99-19-81 — 99-19-87) › Section 99-19-84 - Electronic monitoring as condition of probation for offense requiring registration as a sex offender; rules and regulations

Whenever probation is a part of a sentence prescribed for an offense for which registration as a sex offender is required under Title 45, Chapter 33, the court may include as a condition of probation that the sex offender be placed on electronic monitoring. The Department of Corrections shall promulgate rules and regulations for the implementation of electronic monitoring of sex offenders on probation.
Laws, 2006, ch. 566, § 1, eff. 7/1/2007.
Brought forward by Laws, 2014, ch. 457, HB 585, 80, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › SENTENCING OF HABITUAL CRIMINALS (§§ 99-19-81 — 99-19-87) › Section 99-19-85 - Governor's pardoning power unaffected

Nothing in Sections
99-19-81
through
99-19-87
shall be construed or considered as seeking or tending to impair the pardoning power or other powers reserved to the Governor under Section 124 of the Mississippi Constitution of 1890.
Laws, 1976, ch. 470, § 3, eff. 1/1/1977.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › SENTENCING OF HABITUAL CRIMINALS (§§ 99-19-81 — 99-19-87) › Section 99-19-87 - Punishment by death unaffected

Nothing in Sections
99-19-81
through
99-19-87
shall abrogate or affect punishment by death in any and all crimes now or hereafter punishable by death.
Laws, 1976, ch. 470, § 4, eff. 1/1/1977.
Brought forward by Laws, 2014, ch. 457, HB 585, 81, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › SEPARATE SENTENCING PROCEEDING TO DETERMINE PUNISHMENT IN CAPITAL CASES (§§ 99-19-101 — 99-19-107) › Section 99-19-103 - Instructions; aggravating circumstances shall be designated by jury in writing upon recommending death; effect of jury's failure to agree on punishment

The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in the charge and in writing to the jury for its deliberation. The jury, if its verdict be a unanimous recommendation of death, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstance or circumstances which it unanimously found beyond a reasonable doubt. Unless at least one (1) of the statutory aggravated circumstances enumerated in Section
99-19-101
is so found or if it is found that any such aggravating circumstance is overcome by the finding of one or more mitigating circumstances, the death penalty shall not be imposed. If the jury cannot, within a reasonable time, agree as to punishment, the judge shall dismiss the jury and impose a sentence of imprisonment for life.
Laws, 1977, ch. 458, § 3; Laws, 1994, ch. 566, § 4, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › SEPARATE SENTENCING PROCEEDING TO DETERMINE PUNISHMENT IN CAPITAL CASES (§§ 99-19-101 — 99-19-107) › Section 99-19-106 - Date of execution of death sentence

When judgment of death becomes final and a writ of certiorari to the United States Supreme Court has been denied or the time for filing such petition has expired, the court shall set an execution date for a person sentenced to the death penalty. Within sixty (60) days following the appointment of post-conviction counsel, upon declaration by counsel that he deems post-conviction review to be meritorious and that he intends to file an application for post-conviction review, the court may stay execution pending the disposition of the post-conviction proceeding. In the event no application for post-conviction relief is filed within one (1) year of the date of the disposition of the petition for writ of certiorari or the time for certiorari has expired, any stay entered by the court will automatically vacate. The filing of a declaration by counsel that he deems post-conviction review to be meritorious and intends to file an application for post-conviction review shall in no manner constitute the filing of an application for post-conviction review that would toll the running of any statute of limitations. Setting or resetting the date of execution shall be made on motion of the state that all state and federal remedies have been exhausted, or that the defendant has failed to file for further state or federal review within the time allowed by law.
Laws of 2000, ch. 569, § 17, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › SEPARATE SENTENCING PROCEEDING TO DETERMINE PUNISHMENT IN CAPITAL CASES (§§ 99-19-101 — 99-19-107) › Section 99-19-107 - Life sentence to be imposed if death penalty held to be unconstitutional

In the event the death penalty is held to be unconstitutional by the Mississippi Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death shall cause such person to be brought before the court and the court shall sentence such person to imprisonment for life, and such person shall not be eligible for parole.
Laws, 1977, ch. 458, § 5; Laws, 1982, ch. 431, § 6, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › VICTIM IMPACT STATEMENT ACT (§§ 99-19-151 — 99-19-161) › Section 99-19-151 - Short title

Sections
99-19-151
through
99-19-161
shall be known and may be cited as "The Victim Impact Statement Act."
Laws, 1987, ch. 433, § 1, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › VICTIM IMPACT STATEMENT ACT (§§ 99-19-151 — 99-19-161) › Section 99-19-153 - Declaration of purpose

(1)
The Legislature finds and declares that:
(a)
Protection of the public, restitution to the crime victim and the crime victim's family and just punishment for the harm inflicted are primary objectives of the sentencing process;
(b)
The financial, emotional and physical effects of a criminal act on the victim and the victim's family are among the essential factors to be considered in the sentencing of the person responsible for the crime;
(c)
In order to impose a just sentence, the court must obtain and consider information about the adverse impact of the crime upon the victim and the victim's family as well as information from and about the defendant; and
(d)
The victim of the crime or a relative of the victim is usually in the best position to provide information to the court about the direct impact of the crime on the victim and the victim's family.
(2)
Therefore, the Legislature declares that the purpose of Sections
99-19-151
through
99-19-161
is to provide the sentencing court with a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim as defined herein.
Laws, 1987, ch. 433, § 2, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › VICTIM IMPACT STATEMENT ACT (§§ 99-19-151 — 99-19-161) › Section 99-19-155 - Definitions

For the purposes of Sections
99-19-151
through
99-19-161
, the following words shall have the meanings ascribed herein, unless the context otherwise requires:
(a)
"Victim" means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a felony or an immediate family member of a minor victim or a homicide victim.
(b)
"Victim impact statement" means a statement providing information about the financial, emotional and physical effects of the crime on the victim and the victim's family, and specific information about the victim, the circumstances surrounding the crime and the manner in which it was perpetrated.
(c)
"Victim representative" means a spouse, parent, child, sibling or other relative of a deceased or incapacitated victim or of a victim who is under fourteen (14) years of age, or a person who has had a close personal relationship with the victim and is designated by the court to be a victim representative.
Laws, 1987, ch. 433, § 3, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › VICTIM IMPACT STATEMENT ACT (§§ 99-19-151 — 99-19-161) › Section 99-19-157 - Victim impact statement

(1)
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.
(2)
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:
(a)
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.
(b)
The victim may submit a written statement to the prosecuting attorney, who shall present such statement to the trial judge prior to sentencing.
Laws, 1987, ch. 433, § 4, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › VICTIM IMPACT STATEMENT ACT (§§ 99-19-151 — 99-19-161) › Section 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

(1)
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.
(2)
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.
(3)
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.
Laws, 1987, ch. 433, § 5, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › VICTIM IMPACT STATEMENT ACT (§§ 99-19-151 — 99-19-161) › Section 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.
Laws, 1987, ch. 433, § 6, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › HIV AND AIDS TESTING OF PERSONS CONVICTED OF SEX OFFENSES (§§ 99-19-201 — 99-19-203) › Section 99-19-201 - Definitions

The following terms shall have the meanings ascribed to them herein unless the context requires otherwise:
(a)
"AIDS" means acquired immunodeficiency syndrome, AIDS related complex and any similar disease.
(b)
"HIV" means the human immunodeficiency virus or any other identified causative agent of AIDS.
(c)
"Sex offense" means any offense described in Section
45-33-23
or any offense involving the crime of rape.
(d)
"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.
Laws, 1991, ch. 425, § 1; Laws, 2000, ch. 499, § 29, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › HIV AND AIDS TESTING OF PERSONS CONVICTED OF SEX OFFENSES (§§ 99-19-201 — 99-19-203) › Section 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.
Laws, 1991, ch. 425, § 2; Laws, 1994, ch. 504, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR OFFENSES COMMITTED FOR DISCRIMINATORY REASONS (§§ 99-19-301 — 99-19-309) › Section 99-19-301 - Penalties subject to enhancement; definitions

(1)
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.
(2)
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.
(3)
As used in Sections
99-19-301
through
99-19-307
:
(a)
"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.
(b)
"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.
(c)
"Emergency medical technician" means a person qualified under Sections
41-59-33
and
41-59-35
.
Laws, 1994, ch. 572, § 1, eff. 7/1/1994.
Amended by Laws, 2017, ch. 381, HB 645, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR OFFENSES COMMITTED FOR DISCRIMINATORY REASONS (§§ 99-19-301 — 99-19-309) › Section 99-19-303 - Notice of enhancement

(1)
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.
(2)
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.
(3)
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.
Laws, 1994, ch. 572, § 2, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR OFFENSES COMMITTED FOR DISCRIMINATORY REASONS (§§ 99-19-301 — 99-19-309) › Section 99-19-305 - Sentencing proceedings; required findings for enhanced penalty

(1)
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.
(2)
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:
(a)
That the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated; and
(b)
That the defendant maliciously and with specific intent committed the offense because the victim was within the class delineated.
(3)
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.
Laws, 1994, ch. 572, § 3, eff. 7/1/1994.
Amended by Laws, 2017, ch. 381, HB 645, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR OFFENSES COMMITTED FOR DISCRIMINATORY REASONS (§§ 99-19-301 — 99-19-309) › Section 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.
Laws, 1994, ch. 572, § 4, eff. 7/1/1994.
Amended by Laws, 2017, ch. 381, HB 645, 3, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR OFFENSES COMMITTED FOR DISCRIMINATORY REASONS (§§ 99-19-301 — 99-19-309) › Section 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.
Added by Laws, 2017, ch. 381, HB 645, 4, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR CRIMES COMMITTED AGAINST ELDERLY PERSONS (§§ 99-19-351 — 99-19-357) › Section 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.
Laws, 2001, ch. 315, § 1; Laws, 2007, ch. 589, § 12, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR CRIMES COMMITTED AGAINST ELDERLY PERSONS (§§ 99-19-351 — 99-19-357) › Section 99-19-353 - Notice of enhancement

(1)
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.
(2)
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.
(3)
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.
Laws, 2001, ch. 315, § 2, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR CRIMES COMMITTED AGAINST ELDERLY PERSONS (§§ 99-19-351 — 99-19-357) › Section 99-19-355 - Sentencing proceedings; required findings for enhanced penalty

(1)
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.
(2)
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:
(a)
That the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated; and
(b)
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.
Laws, 2001, ch. 315, § 3; Laws, 2007, ch. 589, § 13, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR CRIMES COMMITTED AGAINST ELDERLY PERSONS (§§ 99-19-351 — 99-19-357) › Section 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.
Laws, 2001, ch. 315, § 4, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION (§§ 99-19-1 — 99-19-401) › ENHANCED PENALTIES FOR UNLAWFUL USE OF FINANCIAL INSTRUMENTS OR IDENTIFYING INFORMATION TAKEN FROM OWNER BY MEANS OF VIOLENT CRIME OR BURGLARY (§ 99-19-401) › Section 99-19-401 - Enhanced penalty; offenses subject to enhancement of penalty; applicable crimes during which instrumentalities were initially obtained

(1)
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).
(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):
(a)
Section
63-1-60
or
45-35-13
relating to fraudulent use of an identification card or driver's license;
(b)
Section
97-19-21
or
97-19-29
relating to fraudulent use of a credit card;
(c)
Section
97-19-33
or
97-29-35
relating to false personation;
(d)
Section
97-45-19
relating to identity theft;
(e)
Section
97-19-39
,
97-19-41
or
97-19-85
relating to fraud; and
(f)
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.
(3)
(a)
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:
(i)
Section
97-3-7
relating to assault;
(ii)
Section
97-3-19
,
97-3-25
,
97-3-27
,
97-3-35
or
97-3-47
relating to homicide;
(iii)
Section
97-3-53
relating to kidnapping;
(iv)
Section
97-3-73
,
97-3-77
,
97-3-79
or
97-3-81
relating to robbery;
(v)
Section
97-3-117
relating to carjacking;
(vi)
Section
97-17-23
or
97-17-33
relating to burglary; or
(vii)
Section
97-17-41
,
97-17-42
,
97-17-43
, or
97-17-45
relating to larceny.
(b)
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.
(4)
This section shall not prohibit prosecution under any other criminal statute of this state or the United States.
Laws, 2008, ch. 525, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-1 - Short title; purpose

This chapter shall be known as the Mississippi Community Service Restitution Act. The purpose of this chapter is to provide an alternative method of punishment in cases in which the defendant would have otherwise been sentenced to a term of imprisonment.
Laws, 1983, ch. 447, § 1; reenacted, Laws, 1987, ch. 367, § 1, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-3 - Participation in community service restitution program

Any defendant who qualifies for participation as set out in this chapter, shall be entitled to participate in a community service restitution program. Any convicted defendant who, having been sentenced prior to July 1, 1983, and who qualifies for participation in the program herein established, may petition the circuit court of the county of his conviction to be sentenced under the provisions of this chapter.
Laws, 1983, ch. 447, § 2; reenacted, Laws, 1987, ch. 367, § 2, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-5 - Qualifications for participation in program

In order to qualify for participation in a community service restitution program, the defendant must:
(a)
be a first offender,
(b)
be convicted of a nonviolent offense that would constitute a felony and
(c)
not have drug, alcohol or emotional problems so serious that he or she appears unlikely to be able to meet the obligations of the community service sentence.
Laws, 1983, ch. 447, § 3; reenacted, Laws, 1987, ch. 367, § 3; Laws, 1999, ch. 382, § 1, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-7 - Determining persons eligible for participation; review of district attorney's files

Department of Corrections personnel shall review the incoming files in the office of district attorney in the circuit court district in which they are operating, to determine which, if any, of the persons charged are eligible for participation in the community service restitution program.
Laws, 1983, ch. 447, § 4; reenacted, Laws, 1987, ch. 367, § 4, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-9 - Notification of eligible persons; request for sentence to program; recommendations of victim

When a case appears to meet the eligibility criteria established in Section
99-20-5
, the Department of Corrections representative shall notify the district attorney of that district and the defense attorney.
The Department of Corrections representative, the district attorney and the defense attorney shall request the court to sentence the defendant to the community service restitution program. The Department of Corrections representative shall present to the court its basis for requesting the community service sentence. In addition, the victim, if any, of the crime for which the defendant is charged shall be asked to comment in writing as to whether or not the defendant shall be allowed to enter the program. The court shall not be bound by such recommendations.
Laws, 1983, ch. 447, § 5; reenacted, Laws, 1987, ch. 367, § 5, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 20 - COMMUNITY SERVICE RESTITUTION (§§ 99-20-1 — 99-20-19) › Section 99-20-11 - Agreement to and acceptance of sentence by defendant; conditional discharge

If a determination is made to use the community service sentence, the defendant must agree to and accept the determination.
Any defendant who is sentenced to the community service restitution program shall receive a conditional discharge from the presiding court and shall be sentenced to perform a certain number of hours of unpaid community service, in the sentencing court's discretion.
If a determination is made to use the community service sentence, the defendant must agree to and accept the determination.
Any defendant who is sentenced to the community service restitution program shall receive a conditional discharge from the presiding court and shall be sentenced to perform a certain number of hours of unpaid community service, in the sentencing court's discretion.
Laws, 1983, ch. 447, § 6; reenacted, Laws, 1987, ch. 367, § 6, eff. 7/1/1987.