Youth court jurisdiction; exclude youth with certain firearms' charges.

H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~ G1/2
26/HR43/R1955PH
PAGE 1 (GT\KP)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Owen, McLean

HOUSE BILL NO. 1165
(As Passed the House)

AN ACT TO AMEND SECTION 43-21-151, MISSISSIPPI CODE OF 1972, 1
REGARDING THE JURISDICTION OF THE CIRCUIT COURT WHEN A CHILD 2
VIOLATES SECTIONS 97-37-1 OR 97-37-14, MISSISSIPPI CODE OF 1972, 3
WHEN ACCOMPANIED BY A VIOLATION OF CERTAIN FELONY CRIMES; TO AMEND 4
SECTION 97-37-35, MISSISSIPPI CODE OF 1972, REGARDING THE TRANSFER 5
OF FIREARMS; TO CREATE A CRIMINAL PENALTY FOR SHOOTING OR 6
DISCHARGING A FIREARM INTO A GROUP OF TWO OR MORE PEOPLE; TO AMEND 7
SECTION 9-5-13, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF 8
CHANCELLORS FOR THE THIRD CHANCERY COURT DISTRICT IN THE "FROM AND 9
AFTER JANUARY 1, 2027" TIER; TO CONDITION THE QUALIFYING DEADLINE 10
FOR THE "PLACE THREE" CHANCELLORSHIP FOR THE THIRD CHANCERY COURT 11
DISTRICT UPON THE GOVERNOR'S APPROVAL OF THIS ACT; TO AMEND 12
SECTION 23-15-977, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 13
PRECEDING SECTION; TO BRING FORWARD SECTION 9-5-11, MISSISSIPPI 14
CODE OF 1972, WHICH PROVIDES THE COUNTY COMPOSITION OF THE THIRD 15
CHANCERY COURT DISTRICT, FOR PURPOSES OF AMENDMENT; AND FOR 16
RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 43-21-151, Mississippi Code of 1972, is 19
amended as follows: 20
43-21-151. (1) The youth court shall have exclusive 21
original jurisdiction in all proceedings concerning a delinquent 22
child, a child in need of supervision, a neglected child, an 23
abused child or a dependent child except in the following 24
circumstances: 25
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 2 (GT\KP)

(a) Any act attempted or committed by a child, which if 26
committed by an adult would be punishable under state or federal 27
law by life imprisonment or death, will be in the original 28
jurisdiction of the circuit court; 29
(b) Any act attempted or committed by a child with the 30
use of a deadly weapon, the carrying of which concealed is 31
prohibited by Section 97-37-1, or a shotgun or a rifle, which 32
would be a felony if committed by an adult, will be in the 33
original jurisdiction of the circuit court; and 34
(c) Any act attempted or committed by a child which is 35
a crime of violence pursuant to Section 97-3-2 while in 36
possession, whether openly or concealed of any gun, rifle, pistol, 37
or other firearm of any kind will be in the original jurisdiction 38
of the circuit court; and 39
(d) Any act attempted or committed by a child which 40
would be a felony if committed by an adult while in possession, 41
whether openly or concealed, of a stolen firearm will be in the 42
original jurisdiction of the circuit court. 43
( * * *e) When a charge of abuse or neglect of a child 44
first arises in the course of a custody action between the parents 45
of the child already pending in the chancery court and no notice 46
of such abuse was provided prior to such chancery proceedings, the 47
chancery court may proceed with the investigation, hearing and 48
determination of such abuse or neglect charge as a part of its 49
hearing and determination of the custody issue as between the 50
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 3 (GT\KP)

parents, notwithstanding the other provisions of the Youth Court 51
Law. The proceedings in chancery court on the abuse or neglect 52
charge shall be confidential in the same manner as provided in 53
youth court proceedings. 54
When a child is expelled from the public schools, the youth 55
court shall be notified of the act of expulsion and the act or 56
acts constituting the basis for expulsion. 57
(2) Jurisdiction of the child in the cause shall attach at 58
the time of the offense, or at the time of the allegation of 59
abuse, neglect or exploitation, and shall continue thereafter for 60
that offense or the allegations of abuse, neglect or exploitation 61
until the child's twentieth birthday, unless sooner terminated by 62
order of the youth court. The youth court shall not have 63
jurisdiction over offenses committed by a child on or after his 64
eighteenth birthday, nor have jurisdiction of abuse, neglect, or 65
exploitation committed against a child after their eighteenth 66
birthday. 67
(3) No child who has not reached his thirteenth birthday 68
shall be held criminally responsible or criminally prosecuted for 69
a misdemeanor or felony; however, the parent, guardian or 70
custodian of such child may be civilly liable for any criminal 71
acts of such child. No child under the jurisdiction of the youth 72
court shall be held criminally responsible or criminally 73
prosecuted by any court for any act designated as a delinquent 74
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 4 (GT\KP)

act, unless jurisdiction is transferred to another court under 75
Section 43-21-157. 76
(4) The youth court shall also have jurisdiction of offenses 77
committed by a child which have been transferred to the youth 78
court by an order of a circuit court of this state having original 79
jurisdiction of the offense, as provided by Section 43-21-159. 80
(5) The youth court shall regulate and approve the use of 81
teen court as provided in Section 43-21-753. 82
(6) Nothing in this section shall prevent the circuit court 83
from assuming jurisdiction over a youth who has committed an act 84
of delinquency upon a youth court's ruling that a transfer is 85
appropriate pursuant to Section 43-21-157. 86
SECTION 2. Section 97-37-35, Mississippi Code of 1972, is 87
amended as follows: 88
97-37-35. (1) It is unlawful for any person knowingly or 89
intentionally to possess, receive, retain, acquire or obtain 90
possession or dispose of a stolen firearm or attempt to possess, 91
receive, retain, acquire or obtain possession or dispose of a 92
stolen firearm. 93
(2) It is unlawful for any person knowingly or intentionally 94
to sell, deliver or transfer a stolen firearm or attempt to sell, 95
deliver or transfer a stolen firearm. 96
(3) Any person convicted of violating this section shall be 97
guilty of a felony and shall be punished as follows: 98
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 5 (GT\KP)

(a) For the first conviction, punishment by commitment 99
to the Department of Corrections for five (5) years; 100
(b) For the second and subsequent convictions, the 101
offense shall be considered trafficking in stolen firearms 102
punishable by commitment to the Department of Corrections for not 103
less than fifteen (15) years. 104
(c) For a conviction where the offender possesses two 105
(2) or more stolen firearms, the offense shall be considered 106
trafficking in stolen firearms punishable by commitment to the 107
Department of Corrections for not less than fifteen (15) years. 108
(d) For a conviction where the sale, delivery, or 109
transfer of a stolen firearm or the attempt to sell, deliver, or 110
transfer of a stolen firearm was to a child, the offense shall be 111
punishable by commitment to the Department of Corrections for not 112
less than ten (10) years but not to exceed twenty (20) years. 113
(e) For a conviction where the sale, delivery, or 114
transfer of a stolen firearm was for a firearm that was 115
subsequently used in a crime of violence pursuant to Section 116
97-3-2, the offense shall be punishable by commitment to the 117
Department of Corrections for not less than ten (10) years but not 118
to exceed thirty (30) years. 119
(f) For a conviction where the sale, delivery, or 120
transfer of a stolen firearm was for a firearm that was 121
subsequently used in an attempted murder pursuant to Section 122
97-1-7(2), murder or capital murder pursuant to Section 97-3-19, 123
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 6 (GT\KP)

or child homicide pursuant to Section 97-3-25(2)(a), the offense 124
shall be punishable for not less than ten (10) years but not to 125
exceed forty (40) years. 126
(4) Any person who commits or attempts to commit any other 127
crime while in possession of a stolen firearm shall be guilty of a 128
separate felony of possession of a stolen firearm under this 129
section and, upon conviction thereof, shall be punished by 130
commitment to the Department of Corrections for * * * fifteen (15) 131
years, such term to run consecutively and not concurrently with 132
any other sentence of incarceration. 133
SECTION 3. (1) If any person shall willfully and unlawfully 134
shoot or discharge a firearm into an assembly or group of two or 135
more people, the offender shall be guilty of a felony whether or 136
not anybody be injured thereby and, on conviction thereof, shall 137
be punished by commitment to the Department of Corrections for a 138
term of not less than five (5) years but not to exceed fifteen 139
(15) years or by a fine of not more than ten thousand dollars 140
($10,000.00), or by both such imprisonment and fine, within the 141
discretion of the court. 142
(2) If the shooting or discharging of the firearm into an 143
assembly or group is at a church, synagogue, temple or other 144
established place of worship, courthouse, school, playground, or 145
park, the offender may be punished by a fine or imprisonment for 146
not less than five (5) years but not to exceed twenty (20) years 147
or by a fine of not more than twenty thousand dollars 148
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 7 (GT\KP)

($20,000.00), or by both such imprisonment and fine, within the 149
discretion of the court. 150
(3) If any person in the assembly or group is under the age 151
of eighteen (18), the offender may be punished by a fine or 152
imprisonment for not less than five (5) years but not to exceed 153
thirty (30) years or by a fine of not more than twenty thousand 154
dollars ($20,000.00), or by both such imprisonment and fine, 155
within the discretion of the court. 156
(4) If the offender is a street gang member or a gang 157
member, pursuant to Section 97-44-3, or a member of a terrorist 158
organization, the offender may be punished by a fine or 159
imprisonment for not less than ten (10) years but not to exceed 160
thirty (30) years or by a fine of not more than twenty thousand 161
dollars ($20,000.00), or by both such imprisonment and fine, 162
within the discretion of the court. 163
(5) A terrorist organization for purposes of this section is 164
an organization that makes terroristic threats as defined under 165
Mississippi Code Section 97-7-75 or an organization that commits 166
an act or acts that meet the definition of international or 167
domestic terrorism under 18 USC Section 2331. 168
SECTION 4. Section 9-5-13, Mississippi Code of 1972, is 169
amended as follows: 170
[Until January 1, 2027, this section shall read as follows:] 171
9-5-13. (1) There shall be three (3) chancellors for the 172
Third Chancery Court District. 173
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 8 (GT\KP)

(2) (a) The chancellor of Subdistrict 3-1 shall be elected 174
from DeSoto County. The two (2) chancellors of Subdistrict 3-2 175
shall be elected from Grenada County, Montgomery County, Panola 176
County, Tate County and Yalobusha County. 177
(b) For purposes of appointment and election, the three 178
(3) chancellorships shall be separate and distinct. The 179
chancellorship in Subdistrict 3-1 shall be denominated only as 180
"Place One," and the chancellorships in Subdistrict 3-2 shall be 181
denominated only as "Place Two" and "Place Three." 182
[From and after January 1, 2027, this section shall read as 183
follows:] 184
9-5-13. (1) There shall be * * * three (3) chancellors for 185
the Third Chancery Court District. 186
(2) For purposes of appointment and election only, the * * * 187
three (3) chancellorships shall be separate and distinct and 188
denominated as "Place One" * * *, "Place Two * * *" and "Place 189
Three". The chancellor of Place One must reside in Tate County, 190
Panola County or Yalobusha County. The chancellor of Place Two 191
must reside in Carroll County, Grenada County, Montgomery County 192
or Tallahatchie County. The chancellor of Place Three must reside 193
in Carroll County, Grenada County, Montgomery County, Panola 194
County, Tallahatchie County, Tate County or Yalobusha County. 195
SECTION 5. If this act is approved by the Governor or 196
becomes law without the Governor's signature by January 23, 2026, 197
any candidate for the office of chancellor for Place Three of the 198
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 9 (GT\KP)

Third Chancery Court District in Section 1 of this act that takes 199
office from and after January 1, 2027, shall file their intent to 200
be a candidate no later than February 2, 2026, and qualify as 201
otherwise provided in Section 23-15-977 for candidates for 202
judicial office; however, if this act has not been approved by the 203
Governor or does not become law without the Governor's signature 204
by January 23, 2026, any candidate for the office of chancellor 205
for Place Three of the Third Chancery Court District in Section 1 206
of this act that takes office from and after January 1, 2027, 207
shall file their intent to be a candidate no later than 5:00 p.m. 208
on May 1, 2026, and qualify as otherwise provided in Section 209
23-15-977 for candidates for judicial office. 210
Regardless of which qualifying deadline applies, any candidate 211
for the office of chancellor for Place Three of the Third Chancery 212
Court District in Section 1 of this act that begins from and after 213
January 1, 2027, shall run for such office in the November 2026 214
general election for judicial officers in the same manner as all 215
other candidates for judicial office. 216
SECTION 6. Section 23-15-977, Mississippi Code of 1972, is 217
amended as follows: 218
23-15-977. (1) Except as otherwise provided * * * by law, 219
all candidates for judicial office as defined in Section 23-15-975 220
of this subarticle shall file their intent to be a candidate with 221
the proper officials and pay the proper assessment by not later 222
than 5:00 p.m. on February 1 of the year in which the general 223
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 10 (GT\KP)

election for the judicial office is held. If February 1 occurs on 224
a Saturday, Sunday or legal holiday, candidates shall file their 225
intent to be a candidate and pay the proper assessment by 5:00 226
p.m. on the business day immediately following the Saturday, 227
Sunday or legal holiday. Candidates shall pay to the proper 228
officials the following amounts: 229
(a) Candidates for Supreme Court justice and Court of 230
Appeals judge, the sum of Two Hundred Dollars ($200.00). 231
(b) Candidates for circuit judge and chancellor, the 232
sum of One Hundred Dollars ($100.00). 233
(c) Candidates for county judge and family court judge, 234
the sum of One Hundred Dollars ($100.00). 235
(d) Candidates for justice court judge, the sum of One 236
Hundred Dollars ($100.00). 237
Candidates for judicial office may not file their intent to 238
be a candidate and pay the proper assessment before January 1 of 239
the year in which the election for the judicial office is held. 240
(2) Candidates for judicial offices listed in paragraphs (a) 241
and (b) of subsection (1) of this section shall file their intent 242
to be a candidate with, and pay the proper assessment made 243
pursuant to subsection (1) of this section to, the State Board of 244
Election Commissioners. 245
(3) Candidates for judicial offices listed in paragraphs (c) 246
and (d) of subsection (1) of this section shall file their intent 247
to be a candidate with, and pay the proper assessment made 248
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 11 (GT\KP)

pursuant to subsection (1) of this section to, the circuit clerk 249
of the proper county. The circuit clerk shall notify the county 250
election commissioners of all persons who have filed their intent 251
to be a candidate with, and paid the proper assessment to, such 252
clerk. The notification shall occur within two (2) business days 253
and shall contain all necessary information. 254
(4) If only one (1) person files his or her intent to be a 255
candidate for a judicial office and that person later dies, 256
resigns or is otherwise disqualified from holding the judicial 257
office after the deadline provided for in subsection (1) of this 258
section but more than seventy (70) days before the date of the 259
general election, the Governor, upon notification of the death, 260
resignation or disqualification of the person, shall issue a 261
proclamation authorizing candidates to file their intent to be a 262
candidate for that judicial office for a period of not less than 263
seven (7) nor more than ten (10) days from the date of the 264
proclamation. 265
(5) If only one (1) person qualifies as a candidate for a 266
judicial office and that person later dies, resigns or is 267
otherwise disqualified from holding the judicial office within 268
seventy (70) days before the date of the general election, the 269
judicial office shall be considered vacant for the new term and 270
the vacancy shall be filled as provided in by law. 271
SECTION 7. Section 9-5-11, Mississippi Code of 1972, is 272
brought forward as follows: 273
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 12 (GT\KP)

[Until January 1, 2027, this section shall read as follows:] 274
9-5-11. (1) The Third Chancery Court District is composed 275
of the following counties: 276
(a) DeSoto County; 277
(b) Grenada County; 278
(c) Montgomery County; 279
(d) Panola County; 280
(e) Tate County; and 281
(f) Yalobusha County. 282
(2) The Third Chancery Court District shall be divided into 283
two (2) subdistricts as follows: 284
(a) Subdistrict 3-1 shall consist of DeSoto County. 285
(b) Subdistrict 3-2 shall consist of Grenada County, 286
Montgomery County, Panola County, Tate County and Yalobusha 287
County. 288
[From and after January 1, 2027, this section shall read as 289
follows:] 290
9-5-11. The Third Chancery Court District is composed of the 291
following counties: 292
(a) Carroll County; 293
(b) Grenada County; 294
(c) Montgomery County; 295
(d) Panola County; 296
(e) Tallahatchie County; 297
(f) Tate County; and 298
H. B. No. 1165 *HR43/R1955PH* ~ OFFICIAL ~
26/HR43/R1955PH
PAGE 13 (GT\KP)
ST: Youth court jurisdiction; exclude youth
with certain firearms' charges.
(g) Yalobusha County. 299
SECTION 8. This act shall take effect and be in force from 300
and after July 1, 2026. 301