Mississippi 2025 Regular Session

Mississippi House Bill HB1508 Compare Versions

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11 MISSISSIPPI LEGISLATURE 2025 Regular Session To: State Affairs; Appropriations A By: Representative Grady House Bill 1508 AN ACT TO CREATE THE MISSISSIPPI HEROES ACT; TO CREATE THE MISSISSIPPI HEROES SUPPORT FUND FOR THE PURPOSE OF PROVIDING SUPPLEMENTAL COMPENSATION TO MUNICIPAL, COUNTY AND STATE LAW ENFORCEMENT OFFICERS BASED ON YEARS OF CONTINUOUS SERVICE; TO PROVIDE RESTRICTIONS FOR QUALIFICATIONS OF LAW ENFORCEMENT OFFICERS; TO AMEND SECTIONS 99-19-73, 41-29-181, 99-19-307 AND 63-1-43, MISSISSIPPI CODE OF 1972, TO ADD ASSESSMENTS TO BE DEPOSITED INTO THE FUND; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as "The Mississippi Heroes Support Act". SECTION 2. (1) (a) The Mississippi Heroes Support Fund is hereby established. Thirty Dollars ($30.00) collected under subsection (1) of Section 99-19-73, Twenty Dollars ($20.00) collected under subsection (2) of Section 99-19-73, Thirty Dollars ($30.00) collected under subsection (8)(b) of Section 99-19-73, Ten Percent (10%) of monies collected from drug related forfeiture under Section 41-29-181, One Hundred Dollars ($100.00) collected under Section 99-19-307, Forty Dollars ($40.00) collected under Section 63-1-43 (1) for Class R and Class D licenses, monies collected from any other source and any other funds made available for deposit into the fund. The fund shall be administered by the board created in subsection (2) of this section and shall be made available for administration and implementation by the board to municipal, county and state law enforcement agencies that request such monies, based on availability of the funds. (b) Only law enforcement officers who meet the requirements in this section shall be eligible to receive monies from the fund for employment: (i) For five (5) consecutive years, an amount equal to Five Thousand Dollars ($5,000.00); (ii) For ten (10) consecutive years, an amount equal to Ten Thousand Dollars ($10,000.00); and (iii) For twenty (20) consecutive years, an amount equal to Twenty Thousand Dollars ($20,000.00); (c) When calculating the number of years for an award under this section, an officer must have uninterrupted and continuous service as an active duty law enforcement officer for the entire period for which the supplemental pay is requested. Only law enforcement officers who have never been terminated or suspended for any reason are eligible for payment under this act. (2) The fund shall be administered by a board composed of five (5) people with no less than four (4) years of professional experience in financial investments, banking or money management, and appointed as follows: (a) Two (2) people appointed by the Governor of the State of Mississippi; (b) One (1) person appointed by the Speaker of the Mississippi House of Representatives; (c) One (1) person appointed by the Lieutenant Governor; and (d) One (1) person appointed by the Attorney General. (3) The Mississippi Heroes Support Fund is created as a special fund in the State Treasury. Monies in the fund shall not lapse into the State General Fund at the end of the fiscal year, and all interest and other earnings on the monies in the Mississippi Heroes Support Fund shall be deposited to the credit of the fund. The monies in the fund shall be administered by the board created in subsection (2) of this section. SECTION 3. Section 99-19-73, Mississippi Code of 1972, is amended as follows: 99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration: FUND AMOUNT State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........... [Deleted] Child Support Prosecution Trust Fund................... [Deleted] Driver Training Penalty Assessment Fund................. [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Spinal Cord and Head Injury Trust Fund (for all moving violations)....................... [Deleted] Emergency Medical Services Operating Fund............... [Deleted] Mississippi Leadership Council on Aging Fund............ [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants...... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Judicial Performance Fund.............................. [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] Children's Safe Center Fund............................ [Deleted] DuBard School for Language Disorders Fund............... [Deleted] Children's Advocacy Centers Fund....................... [Deleted] Judicial System Operation Fund......................... [Deleted] Mississippi Heroes Support Fund.............................30.00 * * *GENERAL FUND State General Fund.............................. $ 90.50 TOTAL STATE ASSESSMENT................................ 120.50 (2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.): FUND AMOUNT Crime Victims' Compensation Fund....................... [Deleted] State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........... [Deleted] Child Support Prosecution Trust Fund................... [Deleted] Driver Training Penalty Assessment Fund................. [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Emergency Medical Services Operating Fund............... [Deleted] Mississippi Alcohol Safety Education Program Fund....... [Deleted] Federal-State Alcohol Program Fund..................... [Deleted] Mississippi Forensics Laboratory Implied Consent Law Fund.......................... [Deleted] Spinal Cord and Head Injury Trust Fund................. [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants...... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Statewide Victims' Information and Notification System Fund.......................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] Mississippi Heroes Support Fund..............................20.00 * * *GENERAL FUND State General Fund.............................. $ 243.50 TOTAL STATE ASSESSMENT......................................263.50 (3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state: FUND AMOUNT State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........... [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Hunter Education and Training Program Fund.............. [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants............... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] GENERAL FUND...................................... $ 89.00 (4) [Deleted] (5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway: (a) At a speed that exceeds the posted speed limit by at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00 (b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00 (c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................... $30.00 (d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00 (e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00 All assessments collected under this subsection shall be deposited into the State General Fund. (6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration: FUND AMOUNT Crime Victims' Compensation Fund....................... [Deleted] State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........................ [Deleted] Child Support Prosecution Trust Fund................... [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] State Crime Stoppers Fund.............................. [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants...... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Judicial Performance Fund.............................. [Deleted] Statewide Victims' Information and Notification System Fund.......................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] Information Exchange Network Fund...................... [Deleted] Motorcycle Officer Training Fund....................... [Deleted] Civil Legal Assistance Fund............................ [Deleted] Justice Court Collections Fund......................... [Deleted] Municipal Court Collections Fund....................... [Deleted] GENERAL FUND........................................$121.75 (7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section: FUND AMOUNT Crime Victims' Compensation Fund....................... [Deleted] State Court Education Fund............................. [Deleted] State Prosecutor Education Fund........................ [Deleted] Vulnerable Persons Training, Investigation and Prosecution Trust Fund........................ [Deleted] Child Support Prosecution Trust Fund................... [Deleted] Law Enforcement Officers Training Fund................. [Deleted] Capital Defense Counsel Fund........................... [Deleted] Indigent Appeals Fund.................................. [Deleted] Capital Post-Conviction Counsel Fund................... [Deleted] Victims of Domestic Violence Fund...................... [Deleted] Criminal Justice Fund.................................. [Deleted] Law Enforcement Officers and Fire Fighters Death Benefits Trust Fund......................... [Deleted] Law Enforcement Officers and Fire Fighters Disability Benefits Trust Fund.................... [Deleted] State Prosecutor Compensation Fund for the purpose of providing additional compensation for district attorneys and their legal assistants...... [Deleted] Crisis Intervention Mental Health Fund................. [Deleted] Intervention Court Fund................................ [Deleted] Statewide Victims' Information and Notification System Fund.......................... [Deleted] Public Defenders Education Fund........................ [Deleted] Domestic Violence Training Fund........................ [Deleted] Attorney General's Cyber Crime Unit.................... [Deleted] Forensics Laboratory DNA Identification System Fund..... [Deleted] GENERAL FUND...................................... $ 280.50 (8) Additional assessments on certain violations: (a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249: Operation Lifesaver Fund............................. $25.00 (b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139: Drug Evidence Disposition Fund....................... $25.00 Mississippi Foster Care Fund.......................... $2.00 Mississippi Heroes Support Fund.............................$30.00 (c) Motor vehicle liability insurance violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 63-15-4(4) or Section 63-16-13(1): Uninsured Motorist Identification Fund: First offense................................$200.00 Second offense...............................$300.00 Third or subsequent offense..................$400.00 (9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court. (10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. (b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month. (c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month. (11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds. (12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor. SECTION 4. Section 41-29-181, Mississippi Code of 1972, is amended as follows: 41-29-181. (1) Regarding all controlled substances, raw materials and paraphernalia which have been forfeited, the circuit court shall by its order direct the Bureau of Narcotics to: (a) Retain the property for its official purposes; (b) Deliver the property to a government agency or department for official purposes; (c) Deliver the property to a person authorized by the court to receive it; or (d) Destroy the property that is not otherwise disposed, pursuant to the provisions of Section 41-29-154. (2) All other property, real or personal, which is forfeited under this article, except as otherwise provided in Section 41-29-185, and except as provided in subsections (3), (7) and (8) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows: (a) In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, * * *twenty percent (20%) ten percent (10%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state, ten percent (10%) of the proceeds shall be forwarded to the State Treasurer and deposited and credited to the Mississippi Heroes Support Fund and eighty percent (80%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency. (b) In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, eighty percent (80%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and twenty percent (20%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their twenty percent (20%), a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division. If the criminal case is initiated by an officer of the Bureau of Narcotics and more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, the proceeds shall be divided equitably between or among the Bureau of Narcotics and other participating law enforcement agencies and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the Bureau of Narcotics and the other participating law enforcement agencies cannot agree on an equitable division of the proceeds, a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division. (3) All money which is forfeited under this article, except as otherwise provided by Section 41-29-185, shall be divided, deposited and credited in the same manner as set forth in subsection (2) of this section. (4) All property forfeited, deposited and credited to the Mississippi Bureau of Narcotics under this article shall be forwarded to the State Treasurer and deposited in a special fund for use by the Mississippi Bureau of Narcotics upon appropriation by the Legislature. (5) All real estate which is forfeited under the provisions of this article shall be sold to the highest and best bidder at a public auction for cash, such auction to be conducted by the chief law enforcement officer of the initiating law enforcement agency, or his designee, at such place, on such notice and in accordance with the same procedure, as far as practicable, as is required in the case of sales of land under execution at law. The proceeds of such sale shall first be applied to the cost and expense in administering and conducting such sale, then to the satisfaction of all mortgages, deeds of trust, liens and encumbrances of record on such property. The remaining proceeds shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section. (6) All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows: (a) To any bona fide lienholder, secured party or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and (b) The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section. (7) (a) Any county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property, other than real property, money or such property that is described in subsection (1) of this section, that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. Such county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (9) of this section. (b) (i) If a vehicle is forfeited to or transferred to a sheriff's department, then the sheriff may transfer the vehicle to the county for official or governmental use as the board of supervisors may direct. (ii) If a vehicle is forfeited to or transferred to a police department, then the police chief may transfer the vehicle to the municipality for official or governmental use as the governing authority of the municipality may direct. (c) If a motor vehicle forfeited to a county or municipal law enforcement agency becomes obsolete or is no longer needed for official or governmental purposes, it may be disposed of in accordance with Section 19-7-5 or in the manner provided by law for disposing of municipal property. (8) The Mississippi Bureau of Narcotics may maintain, repair, use and operate for official purposes all property, other than real property, money or such property as is described in subsection (1) of this section, that has been forfeited to the bureau if it is free from any interest of a bona fide lienholder, secured party, or other party who holds an interest in the property in the nature of a security interest. In such case, the bureau may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that such property can be released for use by the bureau. The bureau may maintain, repair, use and operate such property with money appropriated to the bureau for current operations. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the bureau is deemed to be the purchaser and the certificate of title shall be issued to it as required by subsection (9) of this section. (9) The Department of Revenue shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state. SECTION 5. Section 99-19-307, Mississippi Code of 1972, is amended as follows: 99-19-307. 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. An additional assessment in the amount of One Hundred Dollars ($100.00) for any criminal enhancement committed by reason of the victim's actual or perceived employment as a law enforcement officer which shall be deposited into the Mississippi Heroes Support Fund. SECTION 6. Section 63-1-43, Mississippi Code of 1972, is amended as follows: 63-1-43. (1) The commissioner shall charge and collect the following fees: (a) Fees to which the card stock fee authorized in Section 45-1-21 shall be added: Class R original or renewal four-year license authorized in Section 63-1-5....................... $ * * *18.00 58.00 Class R original or renewal eight-year license authorized in Section 63-1-5....................... $ * * *36.00 76.00 Class D original or renewal four-year license authorized in Section 63-1-47...................... $ * * *23.00 63.00 Class D original or renewal eight-year license authorized in Section 63-1-47...................... $ * * *46.00 86.00 Four-year Identification Card authorized in Section 45-35-7.......................................... $11.00 Eight-year Identification Card authorized in Section 45-35-7.......................................... $22.00 Eight-year Identification Card for the blind authorized in Section 45-35-7............................. $11.00 Four-year Disability Identification Card authorized in Section 45-35-53......................................... $11.00 Learner's Permit authorized in Section 63-1-21.......................................... $ 1.00 Duplicate Identification Card or Disability Identification Card....................................... $ 5.00 Duplicate Class R or Class D license authorized in Section 63-1-37............................. $ 5.00 Class A, B or C Commercial driver's license authorized in Section 63-1-208............................ $48.00 CDL Learner's Permit authorized in Section 63-1-208........ $10.00 Duplicate CDL or CDL learner's permit..................... $ 5.00 Ignition-Interlock-Restricted License authorized in Section 63-11-31............................ $50.00 (b) Driver services fees to which the card stock fee authorized in Section 45-1-21 is not added: Temporary Motorcycle Permit............................... $ 1.00 Four-year or eight-year Motorcycle Endorsement............. $ 5.00 Late Renewal Fee......................................... $ 1.00 Four-year Identification Card upon medical reason for surrender of a driver's license as authorized in Section 45-35-7 (one (1) time only)....................... No fee Hazardous Materials Background Check (federal)............. $63.00 Hazardous Materials Background Check (state)............... $37.00 CDL Application Fee....................................... $25.00 CDL Endorsements: Tanker Endorsement....................................... $ 5.00 Doubles/Triples Endorsement............................... $ 5.00 Passenger Endorsement..................................... $ 5.00 Hazardous Materials Endorsement........................... $ 5.00 School Bus Endorsement.................................... $ 5.00 (c) In addition to the fees required in this section, an applicant may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund. The applicant shall be informed that he may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund and shall be expended solely for the purpose of funding litter prevention projects or litter education programs, as recommended by the Statewide Litter Prevention Program of Keep Mississippi Beautiful, Inc. (d) Starting January 1, 2021, for any original or renewal license for which the fee is greater than Ten Dollars ($10.00), if the applicant brings all required documentation but does not receive his or her license within two and one-half (2-1/2) hours of entering and remaining at the license station, Ten Dollars ($10.00) shall be deducted from the total amount owed for the license. (2) All originals and renewals of operators' licenses shall be in compliance with Section 63-1-47. (3) Notwithstanding any provision of law to the contrary in this section, the commissioner shall waive the driver's license or learner's permit fee for any applicant in the custody of the Department of Child Protection Services. SECTION 7. This act shall take effect and be in force from and after July 1, 2025.
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33 MISSISSIPPI LEGISLATURE
44
55 2025 Regular Session
66
77 To: State Affairs; Appropriations A
88
99 By: Representative Grady
1010
1111 # House Bill 1508
1212
1313 AN ACT TO CREATE THE MISSISSIPPI HEROES ACT; TO CREATE THE MISSISSIPPI HEROES SUPPORT FUND FOR THE PURPOSE OF PROVIDING SUPPLEMENTAL COMPENSATION TO MUNICIPAL, COUNTY AND STATE LAW ENFORCEMENT OFFICERS BASED ON YEARS OF CONTINUOUS SERVICE; TO PROVIDE RESTRICTIONS FOR QUALIFICATIONS OF LAW ENFORCEMENT OFFICERS; TO AMEND SECTIONS 99-19-73, 41-29-181, 99-19-307 AND 63-1-43, MISSISSIPPI CODE OF 1972, TO ADD ASSESSMENTS TO BE DEPOSITED INTO THE FUND; AND FOR RELATED PURPOSES.
1414
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
1616
1717 SECTION 1. This act shall be known and may be cited as "The Mississippi Heroes Support Act".
1818
1919 SECTION 2. (1) (a) The Mississippi Heroes Support Fund is hereby established. Thirty Dollars ($30.00) collected under subsection (1) of Section 99-19-73, Twenty Dollars ($20.00) collected under subsection (2) of Section 99-19-73, Thirty Dollars ($30.00) collected under subsection (8)(b) of Section 99-19-73, Ten Percent (10%) of monies collected from drug related forfeiture under Section 41-29-181, One Hundred Dollars ($100.00) collected under Section 99-19-307, Forty Dollars ($40.00) collected under Section 63-1-43 (1) for Class R and Class D licenses, monies collected from any other source and any other funds made available for deposit into the fund. The fund shall be administered by the board created in subsection (2) of this section and shall be made available for administration and implementation by the board to municipal, county and state law enforcement agencies that request such monies, based on availability of the funds.
2020
2121 (b) Only law enforcement officers who meet the requirements in this section shall be eligible to receive monies from the fund for employment:
2222
2323 (i) For five (5) consecutive years, an amount equal to Five Thousand Dollars ($5,000.00);
2424
2525 (ii) For ten (10) consecutive years, an amount equal to Ten Thousand Dollars ($10,000.00); and
2626
2727 (iii) For twenty (20) consecutive years, an amount equal to Twenty Thousand Dollars ($20,000.00);
2828
2929 (c) When calculating the number of years for an award under this section, an officer must have uninterrupted and continuous service as an active duty law enforcement officer for the entire period for which the supplemental pay is requested. Only law enforcement officers who have never been terminated or suspended for any reason are eligible for payment under this act.
3030
3131 (2) The fund shall be administered by a board composed of five (5) people with no less than four (4) years of professional experience in financial investments, banking or money management, and appointed as follows:
3232
3333 (a) Two (2) people appointed by the Governor of the State of Mississippi;
3434
3535 (b) One (1) person appointed by the Speaker of the Mississippi House of Representatives;
3636
3737 (c) One (1) person appointed by the Lieutenant Governor; and
3838
3939 (d) One (1) person appointed by the Attorney General.
4040
4141 (3) The Mississippi Heroes Support Fund is created as a special fund in the State Treasury. Monies in the fund shall not lapse into the State General Fund at the end of the fiscal year, and all interest and other earnings on the monies in the Mississippi Heroes Support Fund shall be deposited to the credit of the fund. The monies in the fund shall be administered by the board created in subsection (2) of this section.
4242
4343 SECTION 3. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
4444
4545 99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
4646
4747 FUND AMOUNT
4848
4949 State Court Education Fund............................. [Deleted]
5050
5151 State Prosecutor Education Fund........................ [Deleted]
5252
5353 Vulnerable Persons Training,
5454
5555 Investigation and Prosecution Trust Fund........... [Deleted]
5656
5757 Child Support Prosecution Trust Fund................... [Deleted]
5858
5959 Driver Training Penalty Assessment Fund................. [Deleted]
6060
6161 Law Enforcement Officers Training Fund................. [Deleted]
6262
6363 Spinal Cord and Head Injury Trust Fund
6464
6565 (for all moving violations)....................... [Deleted]
6666
6767 Emergency Medical Services Operating Fund............... [Deleted]
6868
6969 Mississippi Leadership Council on Aging Fund............ [Deleted]
7070
7171 Law Enforcement Officers and Fire Fighters
7272
7373 Death Benefits Trust Fund......................... [Deleted]
7474
7575 Law Enforcement Officers and Fire Fighters
7676
7777 Disability Benefits Trust Fund.................... [Deleted]
7878
7979 State Prosecutor Compensation Fund for the purpose
8080
8181 of providing additional compensation for
8282
8383 district attorneys and their legal assistants...... [Deleted]
8484
8585 Crisis Intervention Mental Health Fund................. [Deleted]
8686
8787 Intervention Court Fund................................ [Deleted]
8888
8989 Judicial Performance Fund.............................. [Deleted]
9090
9191 Capital Defense Counsel Fund........................... [Deleted]
9292
9393 Indigent Appeals Fund.................................. [Deleted]
9494
9595 Capital Post-Conviction Counsel Fund................... [Deleted]
9696
9797 Victims of Domestic Violence Fund...................... [Deleted]
9898
9999 Public Defenders Education Fund........................ [Deleted]
100100
101101 Domestic Violence Training Fund........................ [Deleted]
102102
103103 Attorney General's Cyber Crime Unit.................... [Deleted]
104104
105105 Children's Safe Center Fund............................ [Deleted]
106106
107107 DuBard School for Language Disorders Fund............... [Deleted]
108108
109109 Children's Advocacy Centers Fund....................... [Deleted]
110110
111111 Judicial System Operation Fund......................... [Deleted]
112112
113113 Mississippi Heroes Support Fund.............................30.00
114114
115115 * * *GENERAL FUND State General Fund.............................. $ 90.50
116116
117117 TOTAL STATE ASSESSMENT................................ 120.50
118118
119119 (2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
120120
121121 FUND AMOUNT
122122
123123 Crime Victims' Compensation Fund....................... [Deleted]
124124
125125 State Court Education Fund............................. [Deleted]
126126
127127 State Prosecutor Education Fund........................ [Deleted]
128128
129129 Vulnerable Persons Training,
130130
131131 Investigation and Prosecution Trust Fund........... [Deleted]
132132
133133 Child Support Prosecution Trust Fund................... [Deleted]
134134
135135 Driver Training Penalty Assessment Fund................. [Deleted]
136136
137137 Law Enforcement Officers Training Fund................. [Deleted]
138138
139139 Emergency Medical Services Operating Fund............... [Deleted]
140140
141141 Mississippi Alcohol Safety Education Program Fund....... [Deleted]
142142
143143 Federal-State Alcohol Program Fund..................... [Deleted]
144144
145145 Mississippi Forensics Laboratory
146146
147147 Implied Consent Law Fund.......................... [Deleted]
148148
149149 Spinal Cord and Head Injury Trust Fund................. [Deleted]
150150
151151 Capital Defense Counsel Fund........................... [Deleted]
152152
153153 Indigent Appeals Fund.................................. [Deleted]
154154
155155 Capital Post-Conviction Counsel Fund................... [Deleted]
156156
157157 Victims of Domestic Violence Fund...................... [Deleted]
158158
159159 Law Enforcement Officers and Fire Fighters
160160
161161 Death Benefits Trust Fund......................... [Deleted]
162162
163163 Law Enforcement Officers and Fire Fighters
164164
165165 Disability Benefits Trust Fund.................... [Deleted]
166166
167167 State Prosecutor Compensation Fund for the purpose
168168
169169 of providing additional compensation for
170170
171171 district attorneys and their legal assistants...... [Deleted]
172172
173173 Crisis Intervention Mental Health Fund................. [Deleted]
174174
175175 Intervention Court Fund................................ [Deleted]
176176
177177 Statewide Victims' Information and
178178
179179 Notification System Fund.......................... [Deleted]
180180
181181 Public Defenders Education Fund........................ [Deleted]
182182
183183 Domestic Violence Training Fund........................ [Deleted]
184184
185185 Attorney General's Cyber Crime Unit.................... [Deleted]
186186
187187 Mississippi Heroes Support Fund..............................20.00
188188
189189 * * *GENERAL FUND State General Fund.............................. $ 243.50
190190
191191 TOTAL STATE ASSESSMENT......................................263.50
192192
193193 (3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
194194
195195 FUND AMOUNT
196196
197197 State Court Education Fund............................. [Deleted]
198198
199199 State Prosecutor Education Fund........................ [Deleted]
200200
201201 Vulnerable Persons Training,
202202
203203 Investigation and Prosecution Trust Fund........... [Deleted]
204204
205205 Law Enforcement Officers Training Fund................. [Deleted]
206206
207207 Hunter Education and Training Program Fund.............. [Deleted]
208208
209209 Law Enforcement Officers and Fire Fighters
210210
211211 Death Benefits Trust Fund......................... [Deleted]
212212
213213 Law Enforcement Officers and Fire Fighters
214214
215215 Disability Benefits Trust Fund.................... [Deleted]
216216
217217 State Prosecutor Compensation Fund for the purpose
218218
219219 of providing additional compensation for district
220220
221221 attorneys and their legal assistants............... [Deleted]
222222
223223 Crisis Intervention Mental Health Fund................. [Deleted]
224224
225225 Intervention Court Fund................................ [Deleted]
226226
227227 Capital Defense Counsel Fund........................... [Deleted]
228228
229229 Indigent Appeals Fund.................................. [Deleted]
230230
231231 Capital Post-Conviction Counsel Fund................... [Deleted]
232232
233233 Victims of Domestic Violence Fund...................... [Deleted]
234234
235235 Public Defenders Education Fund........................ [Deleted]
236236
237237 Domestic Violence Training Fund........................ [Deleted]
238238
239239 Attorney General's Cyber Crime Unit.................... [Deleted]
240240
241241 GENERAL FUND...................................... $ 89.00
242242
243243 (4) [Deleted]
244244
245245 (5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
246246
247247 (a) At a speed that exceeds the posted speed limit by
248248
249249 at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00
250250
251251 (b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00
252252
253253 (c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................... $30.00
254254
255255 (d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00
256256
257257 (e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00
258258
259259 All assessments collected under this subsection shall be deposited into the State General Fund.
260260
261261 (6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
262262
263263 FUND AMOUNT
264264
265265 Crime Victims' Compensation Fund....................... [Deleted]
266266
267267 State Court Education Fund............................. [Deleted]
268268
269269 State Prosecutor Education Fund........................ [Deleted]
270270
271271 Vulnerable Persons Training, Investigation
272272
273273 and Prosecution Trust Fund........................ [Deleted]
274274
275275 Child Support Prosecution Trust Fund................... [Deleted]
276276
277277 Law Enforcement Officers Training Fund................. [Deleted]
278278
279279 Capital Defense Counsel Fund........................... [Deleted]
280280
281281 Indigent Appeals Fund.................................. [Deleted]
282282
283283 Capital Post-Conviction Counsel Fund................... [Deleted]
284284
285285 Victims of Domestic Violence Fund...................... [Deleted]
286286
287287 State Crime Stoppers Fund.............................. [Deleted]
288288
289289 Law Enforcement Officers and Fire Fighters
290290
291291 Death Benefits Trust Fund......................... [Deleted]
292292
293293 Law Enforcement Officers and Fire Fighters
294294
295295 Disability Benefits Trust Fund.................... [Deleted]
296296
297297 State Prosecutor Compensation Fund for the purpose
298298
299299 of providing additional compensation for
300300
301301 district attorneys and their legal assistants...... [Deleted]
302302
303303 Crisis Intervention Mental Health Fund................. [Deleted]
304304
305305 Intervention Court Fund................................ [Deleted]
306306
307307 Judicial Performance Fund.............................. [Deleted]
308308
309309 Statewide Victims' Information and
310310
311311 Notification System Fund.......................... [Deleted]
312312
313313 Public Defenders Education Fund........................ [Deleted]
314314
315315 Domestic Violence Training Fund........................ [Deleted]
316316
317317 Attorney General's Cyber Crime Unit.................... [Deleted]
318318
319319 Information Exchange Network Fund...................... [Deleted]
320320
321321 Motorcycle Officer Training Fund....................... [Deleted]
322322
323323 Civil Legal Assistance Fund............................ [Deleted]
324324
325325 Justice Court Collections Fund......................... [Deleted]
326326
327327 Municipal Court Collections Fund....................... [Deleted]
328328
329329 GENERAL FUND........................................$121.75
330330
331331 (7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
332332
333333 FUND AMOUNT
334334
335335 Crime Victims' Compensation Fund....................... [Deleted]
336336
337337 State Court Education Fund............................. [Deleted]
338338
339339 State Prosecutor Education Fund........................ [Deleted]
340340
341341 Vulnerable Persons Training, Investigation
342342
343343 and Prosecution Trust Fund........................ [Deleted]
344344
345345 Child Support Prosecution Trust Fund................... [Deleted]
346346
347347 Law Enforcement Officers Training Fund................. [Deleted]
348348
349349 Capital Defense Counsel Fund........................... [Deleted]
350350
351351 Indigent Appeals Fund.................................. [Deleted]
352352
353353 Capital Post-Conviction Counsel Fund................... [Deleted]
354354
355355 Victims of Domestic Violence Fund...................... [Deleted]
356356
357357 Criminal Justice Fund.................................. [Deleted]
358358
359359 Law Enforcement Officers and Fire Fighters
360360
361361 Death Benefits Trust Fund......................... [Deleted]
362362
363363 Law Enforcement Officers and Fire Fighters
364364
365365 Disability Benefits Trust Fund.................... [Deleted]
366366
367367 State Prosecutor Compensation Fund for the purpose
368368
369369 of providing additional compensation for
370370
371371 district attorneys and their legal assistants...... [Deleted]
372372
373373 Crisis Intervention Mental Health Fund................. [Deleted]
374374
375375 Intervention Court Fund................................ [Deleted]
376376
377377 Statewide Victims' Information and
378378
379379 Notification System Fund.......................... [Deleted]
380380
381381 Public Defenders Education Fund........................ [Deleted]
382382
383383 Domestic Violence Training Fund........................ [Deleted]
384384
385385 Attorney General's Cyber Crime Unit.................... [Deleted]
386386
387387 Forensics Laboratory DNA Identification System Fund..... [Deleted]
388388
389389 GENERAL FUND...................................... $ 280.50
390390
391391 (8) Additional assessments on certain violations:
392392
393393 (a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
394394
395395 Operation Lifesaver Fund............................. $25.00
396396
397397 (b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
398398
399399 Drug Evidence Disposition Fund....................... $25.00
400400
401401 Mississippi Foster Care Fund.......................... $2.00
402402
403403 Mississippi Heroes Support Fund.............................$30.00
404404
405405 (c) Motor vehicle liability insurance violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 63-15-4(4) or Section 63-16-13(1):
406406
407407 Uninsured Motorist Identification Fund:
408408
409409 First offense................................$200.00
410410
411411 Second offense...............................$300.00
412412
413413 Third or subsequent offense..................$400.00
414414
415415 (9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
416416
417417 (10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check.
418418
419419 (b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month.
420420
421421 (c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month.
422422
423423 (11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds.
424424
425425 (12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
426426
427427 SECTION 4. Section 41-29-181, Mississippi Code of 1972, is amended as follows:
428428
429429 41-29-181. (1) Regarding all controlled substances, raw materials and paraphernalia which have been forfeited, the circuit court shall by its order direct the Bureau of Narcotics to:
430430
431431 (a) Retain the property for its official purposes;
432432
433433 (b) Deliver the property to a government agency or department for official purposes;
434434
435435 (c) Deliver the property to a person authorized by the court to receive it; or
436436
437437 (d) Destroy the property that is not otherwise disposed, pursuant to the provisions of Section 41-29-154.
438438
439439 (2) All other property, real or personal, which is forfeited under this article, except as otherwise provided in Section 41-29-185, and except as provided in subsections (3), (7) and (8) of this section, shall be liquidated and, after deduction of court costs and the expenses of liquidation, the proceeds shall be divided and deposited as follows:
440440
441441 (a) In the event only one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, * * *twenty percent (20%) ten percent (10%) of the proceeds shall be forwarded to the State Treasurer and deposited in the General Fund of the state, ten percent (10%) of the proceeds shall be forwarded to the State Treasurer and deposited and credited to the Mississippi Heroes Support Fund and eighty percent (80%) of the proceeds shall be deposited and credited to the budget of the participating law enforcement agency.
442442
443443 (b) In the event more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, eighty percent (80%) of the proceeds shall be deposited and credited to the budget of the law enforcement agency whose officers initiated the criminal case and twenty percent (20%) shall be divided equitably between or among the other participating law enforcement agencies, and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the other participating law enforcement agencies cannot agree on the division of their twenty percent (20%), a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division.
444444
445445 If the criminal case is initiated by an officer of the Bureau of Narcotics and more than one (1) law enforcement agency participates in the underlying criminal case out of which the forfeiture arises, the proceeds shall be divided equitably between or among the Bureau of Narcotics and other participating law enforcement agencies and shall be deposited and credited to the budgets of the participating law enforcement agencies. In the event that the Bureau of Narcotics and the other participating law enforcement agencies cannot agree on an equitable division of the proceeds, a petition shall be filed by any one of them in the court in which the civil forfeiture case is brought and the court shall make an equitable division.
446446
447447 (3) All money which is forfeited under this article, except as otherwise provided by Section 41-29-185, shall be divided, deposited and credited in the same manner as set forth in subsection (2) of this section.
448448
449449 (4) All property forfeited, deposited and credited to the Mississippi Bureau of Narcotics under this article shall be forwarded to the State Treasurer and deposited in a special fund for use by the Mississippi Bureau of Narcotics upon appropriation by the Legislature.
450450
451451 (5) All real estate which is forfeited under the provisions of this article shall be sold to the highest and best bidder at a public auction for cash, such auction to be conducted by the chief law enforcement officer of the initiating law enforcement agency, or his designee, at such place, on such notice and in accordance with the same procedure, as far as practicable, as is required in the case of sales of land under execution at law. The proceeds of such sale shall first be applied to the cost and expense in administering and conducting such sale, then to the satisfaction of all mortgages, deeds of trust, liens and encumbrances of record on such property. The remaining proceeds shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section.
452452
453453 (6) All other property that has been forfeited shall, except as otherwise provided, be sold at a public auction for cash by the chief law enforcement officer of the initiating law enforcement agency, or his designee, to the highest and best bidder after advertising the sale for at least once each week for three (3) consecutive weeks, the last notice to appear not more than ten (10) days nor less than five (5) days prior to such sale, in a newspaper having a general circulation in the jurisdiction in which said law enforcement agency is located. Such notices shall contain a description of the property to be sold and a statement of the time and place of sale. It shall not be necessary to the validity of such sale either to have the property present at the place of sale or to have the name of the owner thereof stated in such notice. The proceeds of the sale shall be disposed of as follows:
454454
455455 (a) To any bona fide lienholder, secured party or other party holding an interest in the property in the nature of a security interest, to the extent of his interest; and
456456
457457 (b) The balance, if any, remaining after deduction of all storage, court costs and expenses of liquidation shall be divided, forwarded and deposited in the same manner set out in subsection (2) of this section.
458458
459459 (7) (a) Any county or municipal law enforcement agency may maintain, repair, use and operate for official purposes all property, other than real property, money or such property that is described in subsection (1) of this section, that has been forfeited to the agency if it is free from any interest of a bona fide lienholder, secured party or other party who holds an interest in the property in the nature of a security interest. Such county or municipal law enforcement agency may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that the property can be released for its use. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the law enforcement agency shall be deemed to be the purchaser, and the certificate of title shall be issued to it as required by subsection (9) of this section.
460460
461461 (b) (i) If a vehicle is forfeited to or transferred to a sheriff's department, then the sheriff may transfer the vehicle to the county for official or governmental use as the board of supervisors may direct.
462462
463463 (ii) If a vehicle is forfeited to or transferred to a police department, then the police chief may transfer the vehicle to the municipality for official or governmental use as the governing authority of the municipality may direct.
464464
465465 (c) If a motor vehicle forfeited to a county or municipal law enforcement agency becomes obsolete or is no longer needed for official or governmental purposes, it may be disposed of in accordance with Section 19-7-5 or in the manner provided by law for disposing of municipal property.
466466
467467 (8) The Mississippi Bureau of Narcotics may maintain, repair, use and operate for official purposes all property, other than real property, money or such property as is described in subsection (1) of this section, that has been forfeited to the bureau if it is free from any interest of a bona fide lienholder, secured party, or other party who holds an interest in the property in the nature of a security interest. In such case, the bureau may purchase the interest of a bona fide lienholder, secured party or other party who holds an interest so that such property can be released for use by the bureau.
468468
469469 The bureau may maintain, repair, use and operate such property with money appropriated to the bureau for current operations. If the property is a motor vehicle susceptible of titling under the Mississippi Motor Vehicle Title Law, the bureau is deemed to be the purchaser and the certificate of title shall be issued to it as required by subsection (9) of this section.
470470
471471 (9) The Department of Revenue shall issue a certificate of title to any person who purchases property under the provisions of this section when a certificate of title is required under the laws of this state.
472472
473473 SECTION 5. Section 99-19-307, Mississippi Code of 1972, is amended as follows:
474474
475475 99-19-307. 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. An additional assessment in the amount of One Hundred Dollars ($100.00) for any criminal enhancement committed by reason of the victim's actual or perceived employment as a law enforcement officer which shall be deposited into the Mississippi Heroes Support Fund.
476476
477477 SECTION 6. Section 63-1-43, Mississippi Code of 1972, is amended as follows:
478478
479479 63-1-43. (1) The commissioner shall charge and collect the following fees:
480480
481481 (a) Fees to which the card stock fee authorized in Section 45-1-21 shall be added:
482482
483483 Class R original or renewal four-year license
484484
485485 authorized in Section 63-1-5....................... $ * * *18.00 58.00
486486
487487 Class R original or renewal eight-year license
488488
489489 authorized in Section 63-1-5....................... $ * * *36.00 76.00
490490
491491 Class D original or renewal four-year license
492492
493493 authorized in Section 63-1-47...................... $ * * *23.00 63.00
494494
495495 Class D original or renewal eight-year license
496496
497497 authorized in Section 63-1-47...................... $ * * *46.00 86.00
498498
499499 Four-year Identification Card authorized in
500500
501501 Section 45-35-7.......................................... $11.00
502502
503503 Eight-year Identification Card authorized in
504504
505505 Section 45-35-7.......................................... $22.00
506506
507507 Eight-year Identification Card for the blind
508508
509509 authorized in Section 45-35-7............................. $11.00
510510
511511 Four-year Disability Identification Card authorized in
512512
513513 Section 45-35-53......................................... $11.00
514514
515515 Learner's Permit authorized in
516516
517517 Section 63-1-21.......................................... $ 1.00
518518
519519 Duplicate Identification Card or Disability
520520
521521 Identification Card....................................... $ 5.00
522522
523523 Duplicate Class R or Class D license
524524
525525 authorized in Section 63-1-37............................. $ 5.00
526526
527527 Class A, B or C Commercial driver's license
528528
529529 authorized in Section 63-1-208............................ $48.00
530530
531531 CDL Learner's Permit authorized in Section 63-1-208........ $10.00
532532
533533 Duplicate CDL or CDL learner's permit..................... $ 5.00
534534
535535 Ignition-Interlock-Restricted License
536536
537537 authorized in Section 63-11-31............................ $50.00
538538
539539 (b) Driver services fees to which the card stock fee authorized in Section 45-1-21 is not added:
540540
541541 Temporary Motorcycle Permit............................... $ 1.00
542542
543543 Four-year or eight-year Motorcycle Endorsement............. $ 5.00
544544
545545 Late Renewal Fee......................................... $ 1.00
546546
547547 Four-year Identification Card upon medical reason for
548548
549549 surrender of a driver's license as authorized in
550550
551551 Section 45-35-7 (one (1) time only)....................... No fee
552552
553553 Hazardous Materials Background Check (federal)............. $63.00
554554
555555 Hazardous Materials Background Check (state)............... $37.00
556556
557557 CDL Application Fee....................................... $25.00
558558
559559 CDL Endorsements:
560560
561561 Tanker Endorsement....................................... $ 5.00
562562
563563 Doubles/Triples Endorsement............................... $ 5.00
564564
565565 Passenger Endorsement..................................... $ 5.00
566566
567567 Hazardous Materials Endorsement........................... $ 5.00
568568
569569 School Bus Endorsement.................................... $ 5.00
570570
571571 (c) In addition to the fees required in this section, an applicant may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund. The applicant shall be informed that he may contribute an additional One Dollar ($1.00) which shall be deposited into the Statewide Litter Prevention Fund and shall be expended solely for the purpose of funding litter prevention projects or litter education programs, as recommended by the Statewide Litter Prevention Program of Keep Mississippi Beautiful, Inc.
572572
573573 (d) Starting January 1, 2021, for any original or renewal license for which the fee is greater than Ten Dollars ($10.00), if the applicant brings all required documentation but does not receive his or her license within two and one-half (2-1/2) hours of entering and remaining at the license station, Ten Dollars ($10.00) shall be deducted from the total amount owed for the license.
574574
575575 (2) All originals and renewals of operators' licenses shall be in compliance with Section 63-1-47.
576576
577577 (3) Notwithstanding any provision of law to the contrary in this section, the commissioner shall waive the driver's license or learner's permit fee for any applicant in the custody of the Department of Child Protection Services.
578578
579579 SECTION 7. This act shall take effect and be in force from and after July 1, 2025.