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HB1349 • 2026

Habitual offenders; exclude nonviolent offenders.

AN ACT TO AMEND SECTIONS 99-19-81 AND 99-19-83, MISSISSIPPI CODE OF 1972, TO EXCLUDE NONVIOLENT OFFENDERS FROM HABITUAL OFFENDER PENALTIES; TO REPEAL SECTION 41-29-147, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE PENALTIES FOR SECOND OR SUBSEQUENT DRUG OFFENSES; AND FOR RELATED PURPOSES.

Crime
Did Not Pass

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

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

Plain English Breakdown

The official source material does not support the claim that courts are required to provide an explanation for deviating from the maximum sentence.

Excluding Nonviolent Offenders from Habitual Offender Penalties

This bill changes Mississippi law to exclude nonviolent offenders from habitual offender penalties and removes the penalty for repeat drug offenses.

What This Bill Does

  • Changes laws so that people who commit nonviolent crimes are not punished as harshly if they have been convicted before.
  • Removes a section of law that sets penalties for second or later drug offenses.

Who It Names or Affects

  • People who commit nonviolent crimes and are repeat offenders.
  • Courts when sentencing people convicted of felonies.

Terms To Know

Habitual offender
A person who has been found guilty of a crime more than once, especially if the crimes get worse over time.
Nonviolent offense
A crime that does not involve physical harm or threat to others.

Limits and Unknowns

  • The bill did not pass and was stopped in committee.
  • It is unclear how many people would be affected by this change.

Bill History

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

    02/03 (H) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (H) Referred To Judiciary B

Official Summary Text

Habitual offenders; exclude nonviolent offenders.

Current Bill Text

Read the full stored bill text 
H. B. No. 1349 *HR43/R1064* ~ OFFICIAL ~ G1/2
26/HR43/R1064
PAGE 1 (GT\KP)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Harness

HOUSE BILL NO. 1349

AN ACT TO AMEND SECTIONS 99-19-81 AND 99-19-83, MISSISSIPPI 1
CODE OF 1972, TO EXCLUDE NONVIOLENT OFFENDERS FROM HABITUAL 2
OFFENDER PENALTIES; TO REPEAL SECTION 41-29-147, MISSISSIPPI CODE 3
OF 1972, WHICH PROVIDES THE PENALTIES FOR SECOND OR SUBSEQUENT 4
DRUG OFFENSES; 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
that is defined as a crime of violence in Section 97-3-2 who shall 10
have been convicted twice previously of any felony that is defined 11
as a crime of violence in Section 97-3-2 or federal crime that 12
would be considered a crime of violence under Section 97-3-2 if 13
the crime was prosecuted under state law upon charges separately 14
brought and arising out of separate incidents at different times 15
and who shall have been sentenced to separate terms of one (1) 16
year or more in any state and/or federal penal institution, 17
whether in this state or elsewhere, shall be sentenced to the 18
maximum term of imprisonment prescribed for such felony unless the 19
H. B. No. 1349 *HR43/R1064* ~ OFFICIAL ~
26/HR43/R1064
PAGE 2 (GT\KP)

court provides an explanation in its sentencing order setting 20
forth the cause for deviating from the maximum sentence, and such 21
sentence shall not be reduced or suspended nor shall such person 22
be eligible for parole or probation. 23
SECTION 2. Section 99-19-83, Mississippi Code of 1972, is 24
amended as follows: 25
99-19-83. Every person convicted in this state of a felony 26
that is defined as a crime of violence in Section 97-3-2 who shall 27
have been convicted twice previously of any felony that is defined 28
as a crime of violence in Section 97-3-2 or federal crime that 29
would be considered a crime of violence under Section 97-3-2 if 30
the crime was prosecuted under state law upon charges separately 31
brought and arising out of separate incidents at different times 32
and who shall have been sentenced to and served separate terms of 33
one (1) year or more, whether served concurrently or not, in any 34
state and/or federal penal institution, whether in this state or 35
elsewhere, and where any one (1) of such felonies shall have been 36
a crime of violence, as defined by Section 97-3-2, shall be 37
sentenced to life imprisonment, and such sentence shall not be 38
reduced or suspended nor shall such person be eligible for parole, 39
probation or any other form of early release from actual physical 40
custody within the Department of Corrections. 41
SECTION 3. Section 41-29-147, Mississippi Code of 1972, 42
which provides the penalties for second or subsequent drug 43
offenses, is repealed. 44
H. B. No. 1349 *HR43/R1064* ~ OFFICIAL ~
26/HR43/R1064
PAGE 3 (GT\KP)
ST: Habitual offenders; exclude nonviolent
offenders.
SECTION 4. This act shall take effect and be in force from 45
and after July 1, 2026. 46