Misdemeanors; authorize alternate sentencing for recidivist misdemeanants.

S. B. No. 2082 *SS36/R473* ~ OFFICIAL ~ G1/2
26/SS36/R473
PAGE 1 (ens\tb)

To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Williams

SENATE BILL NO. 2082

AN ACT TO PROVIDE THAT A DEFENDANT CONVICTED OF THREE OR MORE 1
MISDEMEANORS WITHIN THE PAST TEN YEARS SHALL BE DEEMED A 2
RECIDIVIST MISDEMEANANT; TO AUTHORIZE A COURT TO SENTENCE A 3
RECIDIVIST MISDEMEANANT TO A TERM NOT TO EXCEED THREE YEARS IN THE 4
COUNTY JAIL; TO AMEND SECTION 99-19-25, MISSISSIPPI CODE OF 1972, 5
TO REMOVE THE AUTHORITY OF CIRCUIT COURTS, COUNTY COURTS AND 6
JUSTICE COURTS FROM SUSPENDING SENTENCES OR THE EXECUTION OF 7
SENTENCES FOR RECIDIVIST MISDEMEANANTS; AND FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. (1) A defendant convicted of three (3) or more 10
misdemeanors within the past ten (10) years shall be deemed a 11
recidivist misdemeanant and shall be sentenced under subsection 12
(3) of this section. 13
(2) The ten-year period in subsection (1) of this section 14
shall be calculated starting from the offense date of a preceding 15
misdemeanor conviction and ending on the offense date of the 16
present offense. 17
(3) (a) Except as provided in subsection (3)(b), a 18
recidivist misdemeanant defendant shall be sentenced as follows: 19
S. B. No. 2082 *SS36/R473* ~ OFFICIAL ~
26/SS36/R473
PAGE 2 (ens\tb)

(i) To a term not less than six (6) months and not 20
to exceed three (3) years in the county jail, a fine not to exceed 21
Two Thousand Dollars ($2,000.00), or both; or 22
(ii) To the sentence set forth in law for the 23
present offense. 24
(b) If a greater penalty for the present offense than 25
the penalty to be imposed under subsection (3)(a) of this section 26
is prescribed by other law, the court shall impose the greater 27
penalty. 28
SECTION 2. Section 99-19-25, Mississippi Code of 1972, is 29
amended as follows: 30
99-19-25. Except in sentencing a recidivist misdemeanant 31
under Section 1 of this act, the circuit courts and the county 32
courts, in misdemeanor cases, are hereby authorized to suspend a 33
sentence and to suspend the execution of a sentence, or any part 34
thereof, on such terms as may be imposed by the judge of the 35
court. Provided, the suspension of imposition or execution of a 36
sentence hereunder may not be revoked after a period of five (5) 37
years. 38
Except in sentencing a recidivist misdemeanant under Section 39
1 of this act, the justice courts, in misdemeanor cases, are 40
hereby authorized to suspend sentence and to suspend the execution 41
of a sentence, or any part thereof, on such terms as may be 42
imposed by the judge of the court. Subsequent to original 43
sentencing, the justice courts, in misdemeanor cases, are hereby 44
S. B. No. 2082 *SS36/R473* ~ OFFICIAL ~
26/SS36/R473
PAGE 3 (ens\tb)
ST: Misdemeanors; authorize alternate
sentencing for recidivist misdemeanants.
authorized to suspend sentence and to suspend execution of a 45
sentence, or any part thereof, on such terms as may be imposed by 46
the judge of the court, if (a) the judge or his or her predecessor 47
was authorized to order such suspension when the sentence was 48
originally imposed; and (b) such conviction (i) has not been 49
appealed; or (ii) has been appealed and the appeal has been 50
voluntarily dismissed. Provided, the suspension of imposition or 51
execution of a sentence hereunder may not be revoked after a 52
period of two (2) years. Provided, however, the justice courts in 53
cases arising under Sections 49-7-81, 49-7-95 and the Implied 54
Consent Law shall not suspend any fine. 55
SECTION 3. This act shall take effect and be in force from 56
and after July 1, 2026. 57