| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary, Division B By: Senator(s) Johnson Senate Bill 2205 AN ACT TO CREATE AN ENHANCED PENALTY FOR PERSONS SENTENCED AS HABITUAL MISDEMEANOR OFFENDERS; TO DEFINE TERMS; TO PROVIDE THAT IF A COURT FINDS THAT A DEFENDANT IS A HABITUAL MISDEMEANOR OFFENDER, THE DEFENDANT SHALL BE GUILTY OF A FELONY; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) As used in this section: (a) "Convicted" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. (b) "Habitual misdemeanor offender" means a defendant who is before the court for sentencing for a specified misdemeanor offense and who has previously been convicted, as an adult, of four (4) or more specified misdemeanor offenses which meet the following criteria: (i) The offenses, in relation to each other and the misdemeanor before the court for sentencing, are separate offenses that are not part of the same criminal transaction or episode; and (ii) The offenses were committed within three (3) years of the date that the misdemeanor before the court for sentencing was committed. (c) "Specified misdemeanor offense" means those misdemeanor offenses described in Title 97, Chapter 3, Chapter 5, Chapter 9, Chapter 15, Chapter 17, Chapter 19, Chapter 21, Chapter 23, Chapter 29, Chapter 31, Chapter 32, Chapter 35, Chapter 37, Chapter 41, Chapter 44 and Chapter 45, Mississippi Code of 1972, and Title 41, Chapter 29, Mississippi Code of 1972. (2) If the court finds that a defendant before the court for sentencing for a misdemeanor is a habitual misdemeanor offender, the defendant shall be guilty of a felony and shall be imprisoned in the Department of Corrections for a term not to exceed two (2) years. SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary, Division B |
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| 8 | 8 | | |
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| 9 | 9 | | By: Senator(s) Johnson |
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| 10 | 10 | | |
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| 11 | 11 | | # Senate Bill 2205 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO CREATE AN ENHANCED PENALTY FOR PERSONS SENTENCED AS HABITUAL MISDEMEANOR OFFENDERS; TO DEFINE TERMS; TO PROVIDE THAT IF A COURT FINDS THAT A DEFENDANT IS A HABITUAL MISDEMEANOR OFFENDER, THE DEFENDANT SHALL BE GUILTY OF A FELONY; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. (1) As used in this section: |
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| 18 | 18 | | |
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| 19 | 19 | | (a) "Convicted" means a determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. |
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| 20 | 20 | | |
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| 21 | 21 | | (b) "Habitual misdemeanor offender" means a defendant who is before the court for sentencing for a specified misdemeanor offense and who has previously been convicted, as an adult, of four (4) or more specified misdemeanor offenses which meet the following criteria: |
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| 22 | 22 | | |
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| 23 | 23 | | (i) The offenses, in relation to each other and the misdemeanor before the court for sentencing, are separate offenses that are not part of the same criminal transaction or episode; and |
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| 24 | 24 | | |
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| 25 | 25 | | (ii) The offenses were committed within three (3) years of the date that the misdemeanor before the court for sentencing was committed. |
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| 26 | 26 | | |
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| 27 | 27 | | (c) "Specified misdemeanor offense" means those misdemeanor offenses described in Title 97, Chapter 3, Chapter 5, Chapter 9, Chapter 15, Chapter 17, Chapter 19, Chapter 21, Chapter 23, Chapter 29, Chapter 31, Chapter 32, Chapter 35, Chapter 37, Chapter 41, Chapter 44 and Chapter 45, Mississippi Code of 1972, and Title 41, Chapter 29, Mississippi Code of 1972. |
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| 28 | 28 | | |
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| 29 | 29 | | (2) If the court finds that a defendant before the court for sentencing for a misdemeanor is a habitual misdemeanor offender, the defendant shall be guilty of a felony and shall be imprisoned in the Department of Corrections for a term not to exceed two (2) years. |
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| 30 | 30 | | |
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| 31 | 31 | | SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |
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