MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary B

By: Representative Arnold

House Bill 646

AN ACT TO AMEND SECTIONS 97-3-7, 97-3-21, 97-3-87 and 97-3-85, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTIES FOR CRIMES AGAINST POLICE OFFICERS; TO AMEND SECTIONS 99-19-301, 99-19-305 AND 99-19-307, MISSISSIPPI CODE OF 1972, TO INCLUDE LAW ENFORCEMENT OFFICERS, FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL IN THE CLASS OF VICTIMS WHERE OFFENSES ARE SUBJECT TO HATE CRIME PENALTIES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-3-7, Mississippi Code of 1972, is amended as follows:

     97-3-7.  (1)  (a)  A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.

          (b)  However, a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than * * *One Thousand Dollars ($1,000.00) Three Thousand Dollars ($3,000.00) or by imprisonment for not more than five (5) years, or both.

     (2)  (a)  A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.

          (b)  However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than * * *Five Thousand Dollars ($5,000.00) Seven Thousand Dollars ($7,000.00) or by imprisonment for not more than thirty (30) years, or both.

     (3)  (a)  When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of simple domestic violence who:

              (i)  Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;

              (ii)  Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or

              (iii)  Attempts by physical menace to put another in fear of imminent serious bodily harm.

     Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.

          (b)  Simple domestic violence:  third.  A person is guilty of the felony of simple domestic violence third who commits simple domestic violence as defined in this subsection (3) and who, at the time of the commission of the offense in question, has two (2) prior convictions, whether against the same or another victim, within seven (7) years, for any combination of simple domestic violence under this subsection (3) or aggravated domestic violence as defined in subsection (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe.  Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years.

     (4)  (a)  When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of aggravated domestic violence who:

              (i)  Attempts to cause serious bodily injury to another, or causes such an injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;

               (ii)  Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or

              (iii)  Strangles, or attempts to strangle another.

     Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) nor more than twenty (20) years.

          (b)  Aggravated domestic violence; third.  A person is guilty of aggravated domestic violence third who, at the time of the commission of that offense, commits aggravated domestic violence as defined in this subsection (4) and who has two (2) prior convictions within the past seven (7) years, whether against the same or another victim, for any combination of aggravated domestic violence under this subsection (4) or simple domestic violence third as defined in subsection (3) of this section, or substantially similar offenses under the laws of another state, of the United States, or of a federally recognized Native American tribe.  Upon conviction for aggravated domestic violence third, the defendant shall be sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years.

     (5)  Sentencing for fourth or subsequent domestic violence offense.  Any person who commits an offense defined in subsection (3) or (4) of this section, and who, at the time of the commission of that offense, has at least three (3) previous convictions, whether against the same or different victims, for any combination of offenses defined in subsections (3) and (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe, shall, upon conviction, be sentenced to imprisonment for not less than fifteen (15) years nor more than twenty (20) years.

     (6)  In sentencing under subsections (3), (4) and (5) of this section, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred.

     (7)  Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section.

     (8)  A person convicted under subsection (4) or (5) of this section shall not be eligible for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence.

     (9)  For the purposes of this section:

          (a)  "Strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck, throat or chest of another person by any means or to intentionally block the nose or mouth of another person by any means.

          (b)  "Dating relationship" means a social relationship as defined in Section 93-21-3.

     (10)  Every conviction under subsection (3), (4) or (5) of this section may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse.  The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.

     (11)  (a)  Upon conviction under subsection (3), (4) or (5) of this section, the court shall be empowered to issue a criminal protection order prohibiting the defendant from any contact with the victim.  The court may include in a criminal protection order any other condition available under Section 93-21-15.  The duration of a criminal protection order shall be based upon the seriousness of the facts before the court, the probability of future violations, and the continued safety of the victim or another person.  However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year.  Circuit and county courts may issue a criminal protection order for any period of time deemed necessary.  Upon issuance of a criminal protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25.

          (b)  A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victim's lawful representative where the victim is a minor or incompetent person, objects to its issuance, except in circumstances where the court, in its discretion, finds that a criminal protection order is necessary for the safety and well-being of a victim who is a minor child or incompetent adult.

          (c)  Criminal protection orders shall be issued on the standardized form developed by the Office of the Attorney General and a copy provided to both the victim and the defendant.

          (d)  It shall be a misdemeanor to knowingly violate any condition of a criminal protection order.  Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both.

     (12)  When investigating allegations of a violation of subsection (3), (4), (5) or (11) of this section, whether or not an arrest results, law enforcement officers shall utilize the form prescribed for such purposes by the Office of the Attorney General in consultation with the sheriff's and police chief's associations.  However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section.  The uniform offense report shall not be required if, upon investigation, the offense does not involve persons in the relationships specified in subsections (3) and (4) of this section.

     (13)  In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence."  The court clerk shall enter the disposition of the matter into the corresponding uniform offense report.

     (14)  Assault upon any of the following listed persons is an aggravating circumstance for charging under subsections (1)(b) and (2)(b) of this section:

          (a)  When acting within the scope of his duty, office or employment at the time of the assault:  a statewide elected official; law enforcement officer; fireman; emergency medical personnel; public health personnel; social worker, family protection specialist or family protection worker employed by the Department of Human Services or another agency; Division of Youth Services personnel; any county or municipal jail officer; superintendent, principal, teacher or other instructional personnel, school attendance officer or school bus driver; any member of the Mississippi National Guard or United States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or youth court or a judge of the Court of Appeals or a justice of the Supreme Court; district attorney or legal assistant to a district attorney; county prosecutor or municipal prosecutor; court reporter employed by a court, court administrator, clerk or deputy clerk of the court; public defender; or utility worker;

          (b)  A legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment; or

          (c)  A person who is sixty-five (65) years of age or older or a person who is a vulnerable person, as defined in Section 43-47-5.

     SECTION 2.  Section 97-3-21, Mississippi Code of 1972, is amended as follows:

     97-3-21.  (1)  (a)  Except as otherwise provided in paragraph (b) of this section, every person who shall be convicted of first-degree murder shall be sentenced by the court to imprisonment for life in the custody of the Department of Corrections.

          (b)  Every person who shall be convicted of first-degree murder against a person listed in Section 97-3-19(2)(a) shall be sentenced to imprisonment for life in the State Penitentiary without parole.

     (2)  Every person who shall be convicted of second-degree murder shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict after a separate sentencing proceeding.  If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than twenty (20) nor more than forty (40) years in the custody of the Department of Corrections.

     (3)  (a)  Except as otherwise provided in paragraph (b) of this subsection, every person who shall be convicted of capital murder shall be sentenced ( * * *ai) to death; ( * * *bii) to imprisonment for life in the State Penitentiary without parole; or ( * * *ciii) to imprisonment for life in the State Penitentiary with eligibility for parole as provided in Section 47-7-3(1)(f).

          (b)  Every person who shall be convicted of capital murder against any person listed in Section 97-3-19(2)(a) shall be sentenced to (i) to death; or (ii) to imprisonment for life in the State Penitentiary without parole.

     SECTION 3.  Section 97-3-87, Mississippi Code of 1972, is amended as follows:

     97-3-87.  (1)  Any person or persons who shall, by placards, or other writing, or verbally, attempt by threats, direct or implied, of injury to the person or property of another, to intimidate such other person into an abandonment or change of home or employment, shall, upon conviction, be fined not exceeding Five Hundred Dollars ($500.00), or imprisoned in the county jail not exceeding six (6) months, or in the penitentiary not exceeding five (5) years, as the court, in its discretion may determine.

     (2)  Any person or persons who shall, by placards, or other writing, or verbally, attempt by threats, direct or implied, of injury to the person or property of a peace officer, to intimidate such peace officer into an abandonment or change of home or employment, upon conviction, shall be guilty of a felony and, be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than five (5) years, or both.  For purposes of this subsection, the term "peace officer" means any state or federal law enforcement officer, including, but not limited to, a federal park ranger, the sheriff of or police officer of a city or town, a conservation officer, a parole officer, a judge, senior status judge, special judge, district attorney, legal assistant to a district attorney, county prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the Department of Revenue, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary.

     SECTION 4.  Section 97-3-85, Mississippi Code of 1972, is amended as follows:

     97-3-85.  (1)  If any person shall post, mail, deliver, or drop a threatening letter or notice to another, whether such other be named or indicated therein or not, with intent to terrorize or to intimidate such other, he shall, upon conviction, be punished by imprisonment in the county jail not more than six (6) months, or by a fine not more than Five Hundred Dollars ($500.00), or both.

     (2)  If any person shall post, mail, deliver, or drop a threatening letter or notice to a peace officer, whether such other be named or indicated therein or not, with intent to terrorize or to intimidate the peace officer shall, upon conviction, be guilty of a felony and, upon conviction, be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned not more than five (5) years, or both.  For purposes of this subsection, the term "peace officer" means any state or federal law enforcement officer, including, but not limited to, a federal park ranger, the sheriff of or police officer of a city or town, a conservation officer, a parole officer, a judge, senior status judge, special judge, district attorney, legal assistant to a district attorney, county prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the Department of Revenue, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary.

     SECTION 5.  Section 99-19-301, Mississippi Code of 1972, is amended as follows:

     99-19-301.  (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 or because of actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician.

     (2)  As used in this section:

          (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 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.

          (c)  "Emergency medical technician" means a person qualified under Sections 41-59-33 and 41-59-35.

     SECTION 6.  Section 99-19-305, Mississippi Code of 1972, is amended as follows:

     99-19-305.  (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.

     SECTION 7.  Section 99-19-307, Mississippi Code of 1972, is amended as follows:

     99-19-307.  In the event 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.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2017.