Mississippi 2023 Regular Session

Mississippi House Bill HB1423

Introduced
1/16/23  
Refer
1/16/23  

Caption

Subsequent offense; revise how a first offense is calculated.

Impact

The amendment to Section 41-29-147 is significant because it alters the landscape of penalties regarding drug offenses in Mississippi. By refining the threshold for classifying subsequent offenses, the bill is intended to deter individuals from relapsing into drug crimes. Proponents argue that tougher penalties for repeat offenders could potentially reduce drug abuse and trafficking within the state. As a result, it may lead to a more rigorous approach in dealing with drug offenses, impacting both law enforcement practices and the judicial system.

Summary

House Bill 1423 seeks to amend Section 41-29-147 of the Mississippi Code of 1972 concerning narcotic drug offenses. The primary purpose of this bill is to clarify how a second or subsequent offense is calculated for individuals who are convicted under this statute. The bill proposes that any person convicted of a second or subsequent drug offense may face imprisonment for up to twice the term otherwise authorized, as well as fines that may also be doubled. This revision aims to impose stricter penalties on repeat offenders, thereby addressing concerns over ongoing drug-related issues in the state.

Contention

Despite the intent to maintain public safety through stricter penalties, the bill's language may provoke debate over fairness in sentencing, particularly regarding individuals with substance abuse issues. Critics may argue that the doubling of penalties for subsequent offenses could lead to excessive punishment and contribute to overcrowding in correctional facilities without addressing the root causes of addiction. Additionally, there may be concerns regarding potential racial and socioeconomic disparities in the enforcement of these laws, as historically marginalized communities often face harsher scrutiny under drug laws.

Companion Bills

No companion bills found.

Previously Filed As

MS HB285

Subsequent offense; revise how a first offense is calculated.

MS HB54

Subsequent offense; revise how a first offense is calculated.

MS SB2228

Conviction; clarify subsequent offense for certain crimes and post-conviction relief.

MS SB2257

Controlled substance offenses; revise enhanced penalties.

MS HB285

Habitual offender law; exclude drug and nonviolent offenses when computing prior offenses under.

MS SB2248

Controlled substance offenses; revise enhanced penalties.

MS HB219

Habitual offender law; exclude drug and nonviolent offenses when computing prior offenses under.

MS HB570

Habitual offender law; exclude drug and nonviolent offenses when computing prior offenses under.

MS HB232

Habitual offender law; exclude drug and nonviolent offenses when computing prior offenses under.

MS HB872

Expungement; authorize automatically for first-time offenders.

Similar Bills

No similar bills found.