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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative McGee
HOUSE BILL NO. 1164
AN ACT TO AMEND SECTIONS 99-19-301, 99-19-305 AND 99-19-307, 1
MISSISSIPPI CODE OF 1972, TO REVISE THE DELINEATION OF CLASSES OF 2
VICTIMS TRIGGERING AN ENHANCED PENALTY FOR A HATE CRIME; AND FOR 3
RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 99-19-301, Mississippi Code of 1972, is 6
amended as follows: 7
99-19-301. (1) The penalty for any felony or misdemeanor 8
shall be subject to enhancement as provided in Sections 99-19-301 9
through 99-19-307 if the felony or misdemeanor was committed 10
because of the actual or perceived race, color, ancestry, 11
ethnicity, religion, disability, sexual orientation, gender 12
identity, national origin or gender of the victim. 13
(2) The penalty for any felony or misdemeanor shall be 14
subject to enhancement as provided in Sections 99-19-301 through 15
99-19-307 if the felony or misdemeanor was committed with the 16
specific intent to target an individual or group because of actual 17
or perceived employment as a law enforcement officer, firefighter 18
or emergency medical technician. 19
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(3) As used in Sections 99-19-301 through 99-19-307: 20
(a) "Law enforcement officer" means any law enforcement 21
officer, part-time law enforcement officer or law enforcement 22
trainee as defined in Section 45-6-3, as well as any reserve or 23
volunteer law enforcement officer and any federal law enforcement 24
officer or employee whose permanent duties include making arrests, 25
performing search and seizures, execution of criminal arrest 26
warrants, execution of civil seizure warrants, or the care, 27
custody, control or supervision of inmates. 28
(b) "Firefighter" means any firefighter regularly 29
employed by a fire department of any municipality, county, or fire 30
protection district of the State of Mississippi and includes a 31
volunteer firefighter. 32
(c) "Emergency medical technician" means a person 33
qualified under Sections 41-59-33 and 41-59-35. 34
SECTION 2. Section 99-19-305, Mississippi Code of 1972, is 35
amended as follows: 36
99-19-305. (1) Upon conviction or adjudication of guilt of 37
a defendant where notice has been duly given that an enhanced 38
penalty will be sought as provided in Sections 99-19-301 through 39
99-19-307, the court shall conduct a separate sentencing 40
proceeding to determine the sentence. The proceeding shall be 41
conducted by the trial judge before the trial jury as soon as 42
practicable. If, through impossibility or inability, the trial 43
jury is unable to reconvene for a hearing on the issue of penalty, 44
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having determined the guilt of the accused, the trial judge shall 45
summon a jury to determine whether an enhanced penalty should be 46
imposed. If trial by jury has been waived, or if the defendant 47
pleaded guilty, the sentencing proceeding shall be conducted 48
before a jury impaneled for that purpose. Provided, however, that 49
if the defendant enters a plea of guilty and waives trial by jury 50
for the sentencing proceeding, the sentencing proceeding shall be 51
conducted before the trial judge sitting without a jury. In the 52
proceeding, evidence may be presented as to any matter that the 53
court deems relevant to sentence. However, this subsection shall 54
not be construed to authorize the introduction of any evidence 55
secured in violation of the Constitution of the United States or 56
of the State of Mississippi. The state and the defendant or his 57
counsel or both defendant and counsel shall be permitted to 58
present arguments for or against any sentence sought. 59
(2) In order to impose an enhanced penalty under the 60
provisions of Sections 99-19-301 through 99-19-307, the jury must 61
find beyond a reasonable doubt: 62
(a) That the defendant perceived, knew, or had 63
reasonable grounds to know or perceive that the victim was within 64
the class delineated; and 65
(b) That the defendant maliciously and with specific 66
intent committed the offense because the victim was within the 67
class delineated. 68
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ST: Hate crimes; revise delineation of victim.
(3) That the victim was within the class delineated means 69
that the reason the underlying crime was committed was the 70
victim's actual or perceived race, color, religion, disability, 71
sexual orientation, gender identity, ethnicity, ancestry, national 72
origin or gender, or that the reason the underlying crime was 73
committed was the victim's actual or perceived employment as a law 74
enforcement officer, firefighter or emergency medical technician. 75
SECTION 3. Section 99-19-307, Mississippi Code of 1972, is 76
amended as follows: 77
99-19-307. If it is found beyond a reasonable doubt that the 78
offense was committed by reason of (a) the actual or perceived 79
race, color, ancestry, ethnicity, religion, disability, sexual 80
orientation, gender identity, national origin or gender of the 81
victim, or (b) the victim's actual or perceived employment as a 82
law enforcement officer, firefighter or emergency medical 83
technician, then the penalty for the offense may be enhanced by 84
punishment for a term of imprisonment of up to twice that 85
authorized by law for the offense committed, or a fine of up to 86
twice that authorized by law for the offense committed, or both. 87
SECTION 4. This act shall take effect and be in force from 88
and after July 1, 2026. 89