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HB109 • 2026

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

AN ACT TO AMEND SECTIONS 99-19-81 AND 99-19-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UNDER THE HABITUAL OFFENDER SENTENCING LAW ANY CONVICTION FOR A DRUG OFFENSE OR A NONVIOLENT CRIME SHALL NOT BE UTILIZED IN COMPUTING WHETHER A PERSON HAS TWO PRIOR CONVICTIONS; AND FOR RELATED PURPOSES.

Crime
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Johnson
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill did not pass and therefore has no legal effect, so there are no details on implementation.

Habitual Offender Law Changes

This bill changes the habitual offender law to exclude drug offenses and nonviolent crimes when counting prior convictions.

What This Bill Does

  • Changes how the state counts previous criminal convictions for sentencing purposes.
  • Does not allow drug offenses or nonviolent crimes to be counted as part of two prior felony convictions.

Who It Names or Affects

  • People who are convicted of felonies in Mississippi and have previous criminal records.

Terms To Know

Habitual offender
A person with multiple felony convictions who faces harsher sentencing for new crimes.
Nonviolent crime
Any offense that is not considered violent, such as drug offenses or property crimes.

Limits and Unknowns

  • The bill did not pass and therefore has no legal effect.
  • It does not specify how the changes will be implemented in practice.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-07 Mississippi Legislative Bill Status System

    01/07 (H) Referred To Judiciary B

Official Summary Text

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

Current Bill Text

Read the full stored bill text 
H. B. No. 109 *HR26/R149* ~ OFFICIAL ~ G1/2
26/HR26/R149
PAGE 1 (OM\KW)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Johnson

HOUSE BILL NO. 109

AN ACT TO AMEND SECTIONS 99-19-81 AND 99-19-83, MISSISSIPPI 1
CODE OF 1972, TO PROVIDE THAT UNDER THE HABITUAL OFFENDER 2
SENTENCING LAW ANY CONVICTION FOR A DRUG OFFENSE OR A NONVIOLENT 3
CRIME SHALL NOT BE UTILIZED IN COMPUTING WHETHER A PERSON HAS TWO 4
PRIOR CONVICTIONS; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 99-19-81, Mississippi Code of 1972, is 7
amended as follows: 8
99-19-81. Every person convicted in this state of a felony 9
who shall have been convicted twice previously of any felony or 10
federal crime upon charges separately brought and arising out of 11
separate incidents at different times and who shall have been 12
sentenced to separate terms of one (1) year or more in any state 13
and/or federal penal institution, whether in this state or 14
elsewhere, shall be sentenced to the maximum term of imprisonment 15
prescribed for such felony unless the court provides an 16
explanation in its sentencing order setting forth the cause for 17
deviating from the maximum sentence, and such sentence shall not 18
be reduced or suspended nor shall such person be eligible for 19
H. B. No. 109 *HR26/R149* ~ OFFICIAL ~
26/HR26/R149
PAGE 2 (OM\KW)

parole or probation. Any conviction for a drug offense or a 20
nonviolent crime shall not be utilized in computing whether a 21
person has two (2) prior convictions. As utilized in this 22
section, nonviolent crime means any crime other than those 23
prescribed under Section 97-3-2. 24
SECTION 2. Section 99-19-83, Mississippi Code of 1972, is 25
amended as follows: 26
99-19-83. Every person convicted in this state of a felony 27
who shall have been convicted twice previously of any felony or 28
federal crime upon charges separately brought and arising out of 29
separate incidents at different times and who shall have been 30
sentenced to and served separate terms of one (1) year or more, 31
whether served concurrently or not, in any state and/or federal 32
penal institution, whether in this state or elsewhere, and where 33
any one (1) of such felonies shall have been a crime of violence, 34
as defined by Section 97-3-2, shall be sentenced to life 35
imprisonment, and such sentence shall not be reduced or suspended 36
nor shall such person be eligible for parole, probation or any 37
other form of early release from actual physical custody within 38
the Department of Corrections. Any conviction for a drug offense 39
or a nonviolent crime shall not be utilized in computing whether a 40
person has two (2) prior convictions. As utilized in this 41
section, nonviolent crime means any crime other than those 42
prescribed under Section 97-3-2. 43
H. B. No. 109 *HR26/R149* ~ OFFICIAL ~
26/HR26/R149
PAGE 3 (OM\KW)
ST: Habitual offender law; exclude drug and
nonviolent offenses when computing prior
offenses under.
SECTION 3. This act shall take effect and be in force from 44
and after July 1, 2026. 45