Mississippi 2023 Regular Session

Mississippi House Bill HB402

Introduced
1/12/23  
Refer
1/12/23  
Engrossed
2/8/23  
Refer
2/14/23  

Caption

Fleeing law enforcement; increase penalties for the crime of.

Impact

The enhanced penalties laid out in this bill will affect state laws related to the prosecution of individuals who flee from law enforcement. The changes introduce more severe consequences for offending drivers, particularly when fleeing results in serious bodily injury or death. The bill outlines a structured approach where the potential for large fines and long imprisonment terms varies based on the severity of the crime, indicating a stricter stance on such offenses from the state's legal system.

Summary

House Bill 402 amends Section 97-9-72 of the Mississippi Code to increase the penalties associated with the crime of fleeing from law enforcement in a motor vehicle. The legislation stipulates that a driver who fails to obey a lawful signal from law enforcement will face misdemeanors and, if found guilty of reckless or willful disregard for safety, face felony charges. The amendment aims to deter individuals from fleeing police and enhance public safety by holding offenders accountable with significant penalties for serious violations.

Sentiment

The sentiment around HB 402 is generally supportive among law enforcement agencies, which view the increased penalties as necessary for protecting both officers and the public during high-stakes situations where drivers may attempt to evade capture. However, some civil rights advocates express concern regarding the potential for overreach and the implications of increased penalties on communities, particularly regarding how such laws might disproportionately impact marginalized populations. The debate reflects a complex intersection of public safety and civil liberties.

Contention

Notable points of contention include the factors courts must consider regarding the recklessness of police pursuits as specified in the bill. Some critics suggest that the bill could lead to overly aggressive policing tactics, further complicating the existing challenges of police accountability. There is also concern about how the legislation could affect judicial discretion, especially if law enforcement officers view the bill as a mandate to pursue suspects more aggressively, which may lead to dangerous situations for both the police and the public.

Companion Bills

No companion bills found.

Previously Filed As

MS HB621

Fleeing law enforcement; increase penalties for the crime of.

MS SB2101

Criminal law; revise crimes of fleeing a law enforcement officer and carjacking.

MS SB2073

Fleeing or eluding a law enforcement officer; revise offense of.

MS SB2197

Criminal law; increase penalties for crimes of impersonating patrolman or law enforcement officer.

MS SB2129

Criminal law; increase penalties for crimes of impersonating patrolman or law enforcement officer.

MS SB2023

Criminal law; increase penalties for crimes of impersonating patrolman or law enforcement officer.

MS SB138

Enhancing penalties for fleeing officer

MS H0113

Fleeing or Attempting to Elude a Law Enforcement Officer

MS SB158

Enhancing penalties for fleeing officer

MS HB482

Enhanced penalties; repeal for certain crimes.

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