Expungement; consolidate statutes concerning.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Norwood

SENATE BILL NO. 2327

AN ACT TO CONSOLIDATE THE STATUTES CONCERNING EXPUNGEMENT; TO 1
CREATE A UNIFIED EXPUNGEMENT STATUTE; TO PROVIDE FOR THE LEGAL 2
EFFECT OF AN ORDER TO EXPUNGE; TO PROVIDE FOR EXPUNGEMENT OF 3
MISDEMEANOR AND FELONY CONVICTIONS; TO SPECIFY RECORDS THAT MAY 4
NOT BE EXPUNGED; TO PROVIDE FOR EXPUNGEMENT OF A FIRST-OFFENSE DUI 5
CONVICTION; TO PROVIDE FOR EXPUNGEMENT UPON COMPLETION OF 6
INTERVENTION COURT; TO PROVIDE FOR EXPUNGEMENT OF CONVICTIONS FOR 7
PURCHASE OF LIGHT WINE OR BEER BY MINORS; TO PROVIDE FOR CERTAIN 8
NONCONVICTIONS; TO SET FILING FEES ACCORDING TO PREEXISTING LAW; 9
TO REQUIRE INTERSTATE IDENTIFICATION INDEX REPORTS; TO REQUIRE 10
CLERKS OF COURT TO SUBMIT POST-EXPUNGEMENT RECORDS; TO AMEND 11
SECTION 9-11-15, MISSISSIPPI CODE OF 1972, TO CONFORM EXPUNGEMENTS 12
IN THE JUSTICE COURTS; TO AMEND SECTION 9-23-23, MISSISSIPPI CODE 13
OF 1972, TO CONFORM EXPUNGEMENTS IN INTERVENTION COURTS; TO AMEND 14
SECTION 21-23-7, MISSISSIPPI CODE OF 1972, TO CONFORM EXPUNGEMENT 15
IN MUNICIPAL COURTS; TO AMEND SECTION 41-29-150, MISSISSIPPI CODE 16
OF 1972, TO CONFORM EXPUNGEMENT OF CERTAIN DRUG CHARGES; TO AMEND 17
SECTION 45-27-21, MISSISSIPPI CODE OF 1972, TO CONFORM 18
RECORD-KEEPING REQUIREMENTS FOR THE CRIMINAL INFORMATION CENTER; 19
TO AMEND SECTION 63-11-30, MISSISSIPPI CODE OF 1972, TO CONFORM 20
THE EXPUNGEMENT OF DUI RECORDS; TO AMEND SECTION 99-15-26, 21
MISSISSIPPI CODE OF 1972, TO CONFORM NONADJUDICATION PROVISIONS; 22
TO REPEAL SECTION 99-15-59, MISSISSIPPI CODE OF 1972, WHICH 23
PROVIDES THAT ANY PERSON WHO IS ARRESTED, ISSUED A CITATION, OR 24
HELD FOR ANY MISDEMEANOR AND NOT FORMALLY CHARGED OR PROSECUTED 25
WITH AN OFFENSE WITHIN 12 MONTHS OF ARREST, OR UPON DISMISSAL OF 26
THE CHARGE, MAY APPLY TO THE COURT WITH JURISDICTION OVER THE 27
MATTER FOR THE CHARGES TO BE EXPUNGED; TO REPEAL SECTION 99-19-71, 28
MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR EXPUNGEMENT OF 29
CERTAIN FELONY AND MISDEMEANOR CONVICTION RECORDS; TO REPEAL 30
SECTION 99-19-72, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR 31
FILING FEES FOR CERTAIN PETITIONS FOR EXPUNGEMENT AND THE 32
DISPOSITION THEREOF; AND FOR RELATED PURPOSES. 33
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 34
SECTION 1. (1) Legal effect of an order to expunge; 35
eligibility. (a) "Expungement" or "expunction" means the 36
deletion, by court order, of the records of criminal offenses from 37
a person's public records. 38
(b) (i) Upon entering an order of expungement under 39
this section, a nonpublic record thereof shall be retained by the 40
Mississippi Criminal Information Center solely for the purpose of 41
determining whether, in subsequent proceedings, the person is a 42
first offender. 43
(ii) The order of expungement shall not preclude a 44
district attorney's office from retaining a nonpublic record 45
thereof for law enforcement purposes only. 46
(iii) The existence of an order of expungement 47
shall not preclude an employer from asking a prospective employee 48
if the employee has had an order of expungement entered on his or 49
her behalf. 50
(c) (i) The effect of an expungement order shall be to 51
restore the person, in the contemplation of the law, to the status 52
he or she occupied before any arrest or indictment for which 53
convicted, and the person thereafter legally stands as though he 54
or she had never been arrested, indicted, or convicted of the 55
expunged offense or offenses and may lawfully so respond to any 56
query of prior convictions. 57
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(ii) No person as to whom an expungement order has 58
been entered shall be held thereafter under any provision of law 59
to be guilty of perjury or to have otherwise given a false 60
statement by reason of his or her failure to recite or acknowledge 61
such arrest, indictment or conviction in response to any inquiry 62
made of him or her for any purpose other than the purpose of 63
determining, in any subsequent proceedings under this section, 64
whether the person is a first offender. A person as to whom an 65
order has been entered, upon request, shall be required to advise 66
the court, in camera, of the previous conviction and expungement 67
in any legal proceeding wherein the person has been called as a 68
prospective juror. The court shall thereafter and before the 69
selection of the jury advise the attorneys representing the 70
parties of the previous conviction and expungement. 71
(d) No public official is eligible for expungement of 72
any felony or misdemeanor conviction related to his or her 73
official duties. 74
(2) Expungement of misdemeanor convictions. (a) First 75
offender. Any person who has been convicted of a misdemeanor that 76
is not a traffic violation, and who is a first offender, may 77
petition the justice, county, circuit or municipal court in which 78
the conviction was had for an order to expunge any such conviction 79
from all public records. 80
(b) Multiple misdemeanors. Upon prior notice to the 81
appropriate prosecuting attorney and upon a showing in open court 82
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of rehabilitation, good conduct for a period of two (2) years 83
since the last conviction in any court, and that the best interest 84
of society would be served, the justice, municipal, county, or 85
circuit court may, in its discretion, order the record of 86
conviction of a person of any or all misdemeanors in that court 87
expunged. 88
(c) Records that may not be expunged. The confidential 89
records of law enforcement agencies and the driving record of a 90
person maintained under Title 63, Mississippi Code of 1972, are 91
not subject to expungement under this subsection (2). 92
(3) Expungement of felony convictions. (a) Except as 93
otherwise provided in this subsection, a person who has been 94
convicted of a felony and who has paid all criminal fines and 95
costs of court imposed in the sentence of conviction may petition 96
the court in which the conviction was had for an order to expunge 97
one (1) conviction from all public records five (5) years after 98
the successful completion of all terms and conditions of the 99
sentence for the conviction upon a hearing as determined in the 100
discretion of the court; however, a person is not eligible to 101
expunge a felony classified as: 102
(i) A crime of violence as provided in Section 103
97-3-2; 104
(ii) Arson, first-degree as provided in Sections 105
97-17-1 and 97-17-3; 106
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(iii) Trafficking in controlled substances as 107
provided in Section 41-29-139; 108
(iv) A third, fourth or subsequent offense DUI as 109
provided in Section 63-11-30(2)(c) and (2)(d); 110
(v) Felon in possession of a firearm as provided 111
in Section 97-37-5; 112
(vi) Failure to register as a sex offender as 113
provided in Section 45-33-33; 114
(vii) Voyeurism as provided in Section 97-29-61; 115
(viii) Witness intimidation as provided in Section 116
97-9-113; 117
(ix) Abuse, neglect or exploitation of a 118
vulnerable person as provided in Section 43-47-19; or 119
(x) Embezzlement as provided in Sections 97-11-25 120
and 97-23-19. 121
A person is eligible for only one (1) felony expungement 122
under this paragraph (a). For the purposes of this section, the 123
terms "one (1) conviction" and "one (1) felony expungement" mean 124
and include all convictions that arose from a common nucleus of 125
operative facts as determined in the discretion of the court. 126
(b) The petitioner must give ten (10) days' written 127
notice to the district attorney before any hearing on the 128
petition. In all cases, the court wherein the petition is filed 129
may grant the petition if the court determines, on the record or 130
in writing, that the applicant is rehabilitated from the offense 131
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which is the subject of the petition. In those cases where the 132
court denies the petition, the findings of the court in this 133
respect shall be identified specifically and not generally. 134
(4) (a) DUI convictions. Any person convicted of a first 135
offense of driving under the influence under Section 63-11-30(2) 136
or (3) and who was not the holder of a commercial driver's license 137
or a commercial learning permit at the time of the offense may 138
petition the circuit court of the county in which the conviction 139
was had for an order to expunge the record of the conviction at 140
least five (5) years after successful completion of all terms and 141
conditions of the sentence imposed for the conviction. 142
Expungement under this subsection will only be available to a 143
person: 144
(i) Who has successfully completed all terms and 145
conditions of the sentence imposed for the conviction; 146
(ii) Who did not refuse to submit to a test of his 147
or her blood or breath; 148
(iii) Whose blood alcohol concentration tested 149
below sixteen one-hundredths percent (.16%) if test results are 150
available; 151
(iv) Who has not been convicted of and does not 152
have pending any other offense of driving under the influence; 153
(v) Who has provided the court with justification 154
as to why the conviction should be expunged; and 155
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(vi) Who has not previously had a nonadjudication 156
or expungement of a violation of Section 63-11-30. 157
(b) A person is eligible for only one (1) expungement 158
under this subsection (4), and the Department of Public Safety 159
shall maintain a permanent confidential registry of all cases of 160
expungement under this subsection for the sole purpose of 161
determining a person's eligibility for expungement, for 162
nonadjudication, or as a first offender under this subsection (4). 163
(c) The court in its order of expungement shall state 164
in writing the justification for which the expungement was granted 165
and forward the order to the Department of Public Safety within 166
five (5) days of the entry of the order. 167
(5) Completion of intervention court. If an intervention 168
court participant was sentenced at the time of entry of plea of 169
guilty, and the participant successfully completes the 170
requirements of the intervention court order and other 171
requirements of probation or suspension of sentence, the record of 172
the criminal conviction or adjudication will be expunged. 173
However, no expungement of any implied consent violation shall be 174
allowed in intervention court. 175
(6) Convictions for purchase of light wine or beer by a 176
person under age of twenty-one (21). A person who has been 177
charged with a violation of subsection (1) or (2) of Section 178
67-3-70, not sooner than one (1) year after the dismissal and 179
discharge or completion of any sentence and payment of any fine, 180
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may apply to the court for an order to expunge from all official 181
records all recordation relating to his arrest, trial, finding or 182
plea of guilty, and dismissal and discharge. If the court 183
determines that such person was dismissed and the proceedings 184
against him discharged or that such person had satisfactorily 185
served his sentence and paid any fine, penalties and assessments, 186
it shall enter such order. 187
(7) Nonconvictions. (a) Expungement of misdemeanor 188
charges. Any person who is arrested, issued a citation, or held 189
for any misdemeanor and is not formally charged or prosecuted for 190
the offense within twelve (12) months of arrest, or upon dismissal 191
of the charge, may apply to the court with jurisdiction over the 192
matter for the charges to be expunged. 193
(b) Nonadjudication of drug offenses. Upon the 194
dismissal of the charges against a person and discharge of 195
proceedings against him or her under Section 41-29-150(d), the 196
person may apply to the court for an order to expunge from all 197
official records, other than the nonpublic records to be retained 198
by the bureau under Section 41-29-150(d), all recordation relating 199
to his or her arrest, indictment, trial, finding of guilt, and 200
dismissal and discharge pursuant to Section 41-29-150. If the 201
court determines, after hearing, that the charge against the 202
person was dismissed and the proceedings against him or her 203
discharged, or that the person had satisfactorily served his or 204
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her sentence or period of probation and parole, it shall enter an 205
order of expungement. 206
(c) Upon petition therefor, any circuit, county, 207
justice, or municipal court with jurisdiction over a criminal 208
offense shall expunge the record of any case in which an arrest 209
was made, the person arrested was released and the case was 210
dismissed, the charges were dropped, there was no disposition of 211
the case, or the person was found not guilty at trial. 212
(d) From and after July 1, 2020, upon entry of an order 213
of dismissal or nolle prosequi, the court shall automatically 214
issue an order of expungement on its own motion and send a copy of 215
the order to the defendant or the defendant's attorney. 216
(8) Filing fees. (a) Felony convictions in circuit court. 217
A filing fee of One Hundred Fifty Dollars ($150.00) is hereby 218
levied on each petition to expunge the record of a conviction in 219
circuit or county court to be collected by the circuit clerk and 220
distributed as follows: 221
(i) One Hundred Forty Dollars ($140.00) to be 222
deposited into the State General Fund; and 223
(ii) Ten Dollars ($10.00) to be retained by the 224
circuit clerk collecting the fee. 225
(b) There shall be no filing fee levied on petitions 226
seeking expungement of offenses in cases where the petitioner was 227
arrested and released and the case was dismissed or the charges 228
were dropped or there was no disposition of the case. 229
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(c) Misdemeanor convictions in justice and municipal 230
courts. The filing fee for expungement shall be as provided by 231
law. 232
(9) Interstate Identification Index reports. Upon notice of 233
the filing of an expungement petition, the appropriate prosecuting 234
attorney or criminal court clerk must run a background check 235
through the Federal Bureau of Investigation's National Crime 236
Information Center Interstate Identification Index and present the 237
results of the report to the criminal court. 238
(10) Post-expungement records. A certified copy of every 239
expungement order shall be sent by the clerk of the circuit, 240
county, justice, or municipal court that issued the order to the 241
Mississippi Criminal Information Center where it shall be 242
maintained in a separate confidential database accessible only 243
upon written request by a district attorney, a county prosecuting 244
attorney, a municipal court prosecuting attorney, the Attorney 245
General of Mississippi and the Mississippi Law Enforcement Officer 246
Standards and Training Board. A criminal conviction that has been 247
expunged may be used for the purpose of determining habitual 248
offender status and for the use of the Mississippi Law Enforcement 249
Officer Standards and Training Board in granting or denying law 250
enforcement certification, and to ensure that a person is eligible 251
for first-offender status only one (1) time. 252
SECTION 2. Section 9-11-15, Mississippi Code of 1972, is 253
amended as follows: 254
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9-11-15. (1) Justice court judges shall hold regular terms 255
of their courts, at such times as they may appoint, not exceeding 256
two (2) and not less than one (1) in every month, at the 257
appropriate justice court courtroom established by the board of 258
supervisors; and they may continue to hold their courts from day 259
to day so long as business may require; and all process shall be 260
returnable, and all trials shall take place at such regular terms, 261
except where it is otherwise provided; but where the defendant is 262
a nonresident or transient person, and it shall be shown by the 263
oath of either party that a delay of the trial until the regular 264
term will be of material injury to him or her, it shall be lawful 265
for the judge to have the parties brought before him at any 266
reasonable time and hear the evidence and give judgment or where 267
the defendant is a nonresident or transient person and the judge 268
and all parties agree, it shall be lawful for the judge to have 269
the parties brought before him or her on the day a citation is 270
made and hear the evidence and give judgment. Such court shall be 271
a court of record, with all the power incident to a court of 272
record, including power to fine in the amount of fine and length 273
of imprisonment as is authorized for a municipal court in Section 274
21-23-7( * * *9) for contempt of court. 275
(2) (a) In counties with a population of less than one 276
hundred fifty thousand (150,000), each justice court shall 277
designate at least one-half (1/2) day each month as a traffic 278
court day, sufficient to handle the traffic violations docket of 279
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that court, and shall notify all appropriate law enforcement 280
agencies of the date or dates. On the day or days so designated, 281
the justice court shall give priority to all cases involving 282
traffic violations. 283
(b) In counties with a population of one hundred fifty 284
thousand (150,000) or more, each justice court shall designate at 285
least one (1) day each month as a traffic court day, sufficient to 286
handle the traffic violations of that court, and shall notify all 287
appropriate law enforcement agencies of the date or dates. On the 288
day or days so designated, the justice court shall give priority 289
to all cases involving traffic violations. The one (1) day may be 290
one (1) whole day or it may be divided into half days as long as 291
one-half (1/2) day is held in the morning and one-half (1/2) day 292
is held in the afternoon, in the discretion of the court. 293
* * * 294
SECTION 3. Section 9-23-23, Mississippi Code of 1972, is 295
amended as follows: 296
9-23-23. If the participant completes all requirements 297
imposed upon him by the intervention court, including the payment 298
of fines and fees assessed and not waived by the court, the charge 299
and prosecution shall be dismissed. If the defendant or 300
participant was sentenced at the time of entry of plea of guilty, 301
the successful completion of the intervention court order and 302
other requirements of probation or suspension of sentence will 303
result in the record of the criminal conviction or adjudication 304
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being expunged as provided in Section 1 of this act. However, no 305
expunction of any implied consent violation shall be allowed. 306
SECTION 4. Section 21-23-7, Mississippi Code of 1972, is 307
amended as follows: 308
21-23-7. (1) The municipal judge shall hold court in a 309
public building designated by the governing authorities of the 310
municipality, or may hold court in an adult detention center as 311
provided under this subsection, and may hold court every day 312
except Sundays and legal holidays if the business of the 313
municipality so requires; provided, however, the municipal judge 314
may hold court outside the boundaries of the municipality but not 315
more than within a sixty-mile radius of the municipality to handle 316
preliminary matters and criminal matters such as initial 317
appearances and felony preliminary hearings. The municipal judge 318
may hold court outside the boundaries of the municipality but not 319
more than within a one-mile radius of the municipality for any 320
purpose; however, a municipal judge may hold court outside the 321
boundaries of the municipality more than within a one-mile radius 322
of the municipality when accepting a plea of a defendant at an 323
adult detention center within the county. The municipal judge 324
shall have the jurisdiction to hear and determine, without a jury 325
and without a record of the testimony, all cases charging 326
violations of the municipal ordinances and state misdemeanor laws 327
made offenses against the municipality and to punish offenders 328
therefor as may be prescribed by law. Except as otherwise 329
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provided by law, criminal proceedings shall be brought by sworn 330
complaint filed in the municipal court. Such complaint shall 331
state the essential elements of the offense charged and the 332
statute or ordinance relied upon. Such complaint shall not be 333
required to conclude with a general averment that the offense is 334
against the peace and dignity of the state or in violation of the 335
ordinances of the municipality. He or she may sit as a committing 336
court in all felonies committed within the municipality, and he or 337
she shall have the power to bind over the accused to the grand 338
jury or to appear before the proper court having jurisdiction to 339
try the same, and to set the amount of bail or refuse bail and 340
commit the accused to jail in cases not bailable. The municipal 341
judge is a conservator of the peace within his municipality. He 342
or she may conduct preliminary hearings in all violations of the 343
criminal laws of this state occurring within the municipality, and 344
any person arrested for a violation of law within the municipality 345
may be brought before him or her for initial appearance. The 346
municipal court shall have jurisdiction of any case remanded to it 347
by a circuit court grand jury. The municipal court shall have 348
civil jurisdiction over actions filed pursuant to and as provided 349
in Chapter 21, Title 93, * * * Mississippi Code of 1972, the 350
Protection from Domestic Abuse Act. 351
(2) In the discretion of the court, where the objects of 352
justice would be more likely met, as an alternative to imposition 353
or payment of fine and/or incarceration, the municipal judge shall 354
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have the power to sentence convicted offenders to work on a public 355
service project where the court has established such a program of 356
public service by written guidelines filed with the clerk for 357
public record. Such programs shall provide for reasonable 358
supervision of the offender and the work shall be commensurate 359
with the fine and/or incarceration that would have ordinarily been 360
imposed. Such program of public service may be utilized in the 361
implementation of the provisions of Section 99-19-20, and public 362
service work thereunder may be supervised by persons other than 363
the sheriff. 364
(3) The municipal judge may solemnize marriages, take oaths, 365
affidavits and acknowledgments, and issue orders, subpoenas, 366
summonses, citations, warrants for search and arrest upon a 367
finding of probable cause, and other such process under seal of 368
the court to any county or municipality, in a criminal case, to be 369
executed by the lawful authority of the county or the municipality 370
of the respondent, and enforce obedience thereto. The absence of 371
a seal shall not invalidate the process. 372
(4) When a person shall be charged with an offense in 373
municipal court punishable by confinement, the municipal judge, 374
being satisfied that such person is an indigent person and is 375
unable to employ counsel, may, in the discretion of the court, 376
appoint counsel from the membership of The Mississippi Bar 377
residing in his county who shall represent him or her. 378
Compensation for appointed counsel in criminal cases shall be 379
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approved and allowed by the municipal judge and shall be paid by 380
the municipality. The maximum compensation shall not exceed Two 381
Hundred Dollars ($200.00) for any one (1) case. The governing 382
authorities of a municipality may, in their discretion, appoint a 383
public defender(s) who must be a licensed attorney and who shall 384
receive a salary to be fixed by the governing authorities. 385
(5) The municipal judge of any municipality is hereby 386
authorized to suspend the sentence and to suspend the execution of 387
the sentence, or any part thereof, on such terms as may be imposed 388
by the municipal judge. However, the suspension of imposition or 389
execution of a sentence hereunder may not be revoked after a 390
period of two (2) years. The municipal judge shall have the power 391
to establish and operate a probation program, dispute resolution 392
program and other practices or procedures appropriate to the 393
judiciary and designed to aid in the administration of justice. 394
Any such program shall be established by the court with written 395
policies and procedures filed with the clerk of the court for 396
public record. Subsequent to original sentencing, the municipal 397
judge, in misdemeanor cases, is hereby authorized to suspend 398
sentence and to suspend the execution of a sentence, or any part 399
thereof, on such terms as may be imposed by the municipal judge, 400
if (a) the judge or his or her predecessor was authorized to order 401
such suspension when the sentence was originally imposed; and (b) 402
such conviction (i) has not been appealed; or (ii) has been 403
appealed and the appeal has been voluntarily dismissed. 404
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* * * 405
( * * *6) In the discretion of the court, a plea of nolo 406
contendere may be entered to any charge in municipal court. Upon 407
the entry of a plea of nolo contendere the court shall convict the 408
defendant of the offense charged and shall proceed to sentence the 409
defendant according to law. The judgment of the court shall 410
reflect that the conviction was on a plea of nolo contendere. An 411
appeal may be made from a conviction on a plea of nolo contendere 412
as in other cases. 413
( * * *7) Upon execution of a sworn complaint charging a 414
misdemeanor, the municipal court may, in its discretion and in 415
lieu of an arrest warrant, issue a citation requiring the 416
appearance of the defendant to answer the charge made against him 417
or her. On default of appearance, an arrest warrant may be issued 418
for the defendant. The clerk of the court or deputy clerk may 419
issue such citations. 420
( * * *8) The municipal court shall have the power to make 421
rules for the administration of the court's business, which rules, 422
if any, shall be in writing filed with the clerk of the court and 423
shall include the enactment of rules related to the court's 424
authority to issue domestic abuse protection orders pursuant to 425
Section 93-21-1 et seq. 426
( * * *9) The municipal court shall have the power to impose 427
punishment of a fine of not more than One Thousand Dollars 428
($1,000.00) or six (6) months imprisonment, or both, for contempt 429
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of court. The municipal court may have the power to impose 430
reasonable costs of court, not in excess of the following: 431
Dismissal of any affidavit, complaint or charge 432
in municipal court........................................ $ 50.00 433
Suspension of a minor's driver's license in lieu of 434
conviction................................................ $ 50.00 435
Service of scire facias or return "not found"........ $ 20.00 436
Causing search warrant to issue or causing 437
prosecution without reasonable cause or refusing to 438
cooperate after initiating action......................... $ 100.00 439
Certified copy of the court record................... $ 5.00 440
Service of arrest warrant for failure to answer 441
citation or traffic summons............................... $ 25.00 442
Jail cost per day - actual jail cost paid by the municipality 443
but not to exceed......................................... $ 35.00 444
Service of court documents related to the filing 445
of a petition or issuance of a protection from domestic 446
abuse order under Chapter 21, Title 93, * * * Mississippi Code of 447
1972 ..................................................... $ 25.00 448
Expungement.......................................... $ 50.00 449
Any other item of court cost......................... $ 50.00 450
No filing fee or such cost shall be imposed for the bringing 451
of an action in municipal court. 452
( * * *10) A municipal court judge shall not dismiss a 453
criminal case but may transfer the case to the justice court of 454
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the county if the municipal court judge is prohibited from 455
presiding over the case by the Canons of Judicial Conduct and 456
provided that venue and jurisdiction are proper in the justice 457
court. Upon transfer of any such case, the municipal court judge 458
shall give the municipal court clerk a written order to transmit 459
the affidavit or complaint and all other records and evidence in 460
the court's possession to the justice court by certified mail or 461
to instruct the arresting officer to deliver such documents and 462
records to the justice court. There shall be no court costs 463
charged for the transfer of the case to the justice court. 464
* * * 465
( * * *11) For violations of municipal ordinances related to 466
real property, the municipal judge shall have the power to order a 467
defendant to remedy violations within a reasonable time period as 468
set by the judge, and at the discretion of the judge, the judge 469
may simultaneously authorize the municipality, at its request, the 470
option to remedy the violation itself, through the use of its own 471
employees or its contractors, without further notice should the 472
defendant fail to fully do so within the time period set by the 473
judge. Subsequent to the municipality remedying the violation, 474
the municipality may petition the court to assess documented 475
cleanup costs to the defendant, and, if, following a hearing on 476
such petition, the judge determines (a) the violations were not 477
remedied by the defendant within the time required by the court, 478
(b) that the municipality remedied the violation itself after such 479
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time period expired and (c) that the costs incurred by the 480
municipality were reasonable, the court may assess the costs to 481
the defendant as a judgement, which may be enrolled in the office 482
of the circuit clerk. 483
SECTION 5. Section 41-29-150, Mississippi Code of 1972, is 484
amended as follows: 485
41-29-150. (a) Any person convicted under Section 41-29-139 486
may be required, in the discretion of the court, as a part of the 487
sentence otherwise imposed, or in lieu of imprisonment in cases of 488
probation or suspension of sentence, to attend a course of 489
instruction conducted by the bureau, the State Board of Health, or 490
any similar agency, on the effects, medically, psychologically and 491
socially, of the misuse of controlled substances. The course may 492
be conducted at any correctional institution, detention center or 493
hospital, or at any center or treatment facility established for 494
the purpose of education and rehabilitation of those persons 495
committed because of abuse of controlled substances. 496
(b) Any person convicted under Section 41-29-139 who is 497
found to be dependent upon or addicted to any controlled substance 498
shall be required, as a part of the sentence otherwise imposed, or 499
in lieu of imprisonment in cases of parole, probation or 500
suspension of sentence, to receive medical treatment for such 501
dependency or addiction. The regimen of medical treatment may 502
include confinement in a medical facility of any correctional 503
institution, detention center or hospital, or at any center or 504
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facility established for treatment of those persons committed 505
because of a dependence or addiction to controlled substances. 506
(c) Those persons previously convicted of a felony under 507
Section 41-29-139 and who are now confined at the Mississippi 508
State Hospital at Whitfield, Mississippi, or at the East 509
Mississippi State Hospital at Meridian, Mississippi, for the term 510
of their sentence shall remain under the jurisdiction of the 511
Mississippi Department of Corrections and shall be required to 512
abide by all reasonable rules and regulations promulgated by the 513
director and staff of said institutions and of the Department of 514
Corrections. Any persons so confined who shall refuse to abide by 515
said rules or who attempt an escape or who shall escape shall be 516
transferred to the State Penitentiary or to a county jail, where 517
appropriate, to serve the remainder of the term of imprisonment; 518
this provision shall not preclude prosecution and conviction for 519
escape from said institutions. 520
(d) (1) If any person who has not previously been convicted 521
of violating Section 41-29-139, or the laws of the United States 522
or of another state relating to narcotic drugs, stimulant or 523
depressant substances, other controlled substances or marihuana is 524
found to be guilty of a violation of subsection (c) or (d) of 525
Section 41-29-139, after trial or upon a plea of guilty, the court 526
may, without entering a judgment of guilty and with the consent of 527
such person, defer further proceedings and place him or her on 528
probation upon such reasonable conditions as it may require and 529
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for such period, not to exceed three (3) years, as the court may 530
prescribe. Upon violation of a condition of the probation, the 531
court may enter an adjudication of guilt and proceed as otherwise 532
provided. The court may, in its discretion, dismiss the 533
proceedings against such person and discharge him or her from 534
probation before the expiration of the maximum period prescribed 535
for such person's probation. If during the period of his 536
probation such person does not violate any of the conditions of 537
the probation, then upon expiration of such period the court shall 538
discharge such person and dismiss the proceedings against him or 539
her. Discharge and dismissal under this subsection shall be 540
without court adjudication of guilt, but a nonpublic record 541
thereof shall be retained by the bureau solely for the purpose of 542
use by the courts in determining whether or not, in subsequent 543
proceedings, such person qualifies under this subsection. Such 544
discharge or dismissal shall not be deemed a conviction for 545
purposes of disqualifications or disabilities imposed by law upon 546
conviction of a crime, including the penalties prescribed under 547
this article for second or subsequent conviction, or for any other 548
purpose. Discharge and dismissal under this subsection may occur 549
only once with respect to any person; and 550
(2) Upon the dismissal of a person and discharge of 551
proceedings against him or her under paragraph (1) of this 552
subsection, the person may apply to the court for an expungement 553
order * * * under Section 1 of this act. 554
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(e) Every person who has been or may hereafter be convicted 555
of a felony offense under Section 41-29-139 and sentenced under 556
Section 41-29-150(c) shall be under the jurisdiction of the 557
Mississippi Department of Corrections. 558
(f) It shall be unlawful for any person confined under the 559
provisions of subsection (b) or (c) of this section to escape or 560
attempt to escape from said institution, and, upon conviction, 561
said person shall be guilty of a felony and shall be imprisoned 562
for a term not to exceed two (2) years. 563
(g) It is the intent and purpose of the Legislature to 564
promote the rehabilitation of persons convicted of offenses under 565
the Uniform Controlled Substances Law. 566
SECTION 6. Section 45-27-21, Mississippi Code of 1972, is 567
amended as follows: 568
45-27-21. A certified copy of every * * * nonadjudication 569
order shall be sent by the circuit clerk to the Mississippi 570
Criminal Information Center where it shall be maintained in a 571
separate confidential database accessible only upon written 572
request by a district attorney, a county prosecuting attorney, a 573
municipal court prosecuting attorney, the Attorney General of 574
Mississippi and the Mississippi Law Enforcement Officer Standards 575
and Training Board. Any criminal conviction which has been * * * 576
nonadjudicated may be used for the purpose of determining habitual 577
offender status and for the use of the Mississippi Law Enforcement 578
Officer Standards and Training Board in * * * granting or denying 579
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law enforcement certification, and to ensure that a person is only 580
eligible for first-offender status one (1) time. 581
SECTION 7. Section 63-11-30, Mississippi Code of 1972, is 582
amended as follows: 583
63-11-30. (1) It is unlawful for a person to drive or 584
otherwise operate a vehicle within this state if the person: 585
(a) Is under the influence of intoxicating liquor; 586
(b) Is under the influence of any other substance that 587
has impaired the person's ability to operate a motor vehicle; 588
(c) Is under the influence of any drug or controlled 589
substance, the possession of which is unlawful under the 590
Mississippi Controlled Substances Law; or 591
(d) Has an alcohol concentration in the person's blood, 592
based upon grams of alcohol per one hundred (100) milliliters of 593
blood, or grams of alcohol per two hundred ten (210) liters of 594
breath, as shown by a chemical analysis of the person's breath, 595
blood or urine administered as authorized by this chapter, of: 596
(i) Eight one-hundredths percent (.08%) or more 597
for a person who is above the legal age to purchase alcoholic 598
beverages under state law; 599
(ii) Two one-hundredths percent (.02%) or more for 600
a person who is below the legal age to purchase alcoholic 601
beverages under state law; or 602
(iii) Four one-hundredths percent (.04%) or more 603
for a person operating a commercial motor vehicle. 604
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(2) Except as otherwise provided in subsection (3) of this 605
section (Zero Tolerance for Minors): 606
(a) First offense DUI. (i) Upon conviction of any 607
person for the first offense of violating subsection (1) of this 608
section where chemical tests under Section 63-11-5 were given, or 609
where chemical test results are not available, the person shall be 610
fined not less than Two Hundred Fifty Dollars ($250.00) nor more 611
than One Thousand Dollars ($1,000.00), or imprisoned for not more 612
than forty-eight (48) hours in jail, or both; the court shall 613
order the person to attend and complete an alcohol safety 614
education program as provided in Section 63-11-32 within six (6) 615
months of sentencing. The court may substitute attendance at a 616
victim impact panel instead of forty-eight (48) hours in jail. 617
(ii) Suspension of commercial driving privileges 618
is governed by Section 63-1-216. 619
(iii) A qualifying first offense may be 620
nonadjudicated by the court under subsection (14) of this section. 621
The holder of a commercial driver's license or a commercial 622
learning permit at the time of the offense is ineligible for 623
nonadjudication. 624
(iv) Eligibility for an interlock-restricted 625
license is governed by Section 63-11-31 and suspension of regular 626
driving privileges is governed by Section 63-11-23. 627
(b) Second offense DUI. (i) Upon any second 628
conviction of any person violating subsection (1) of this section, 629
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the offenses being committed within a period of five (5) years, 630
the person shall be guilty of a misdemeanor, fined not less than 631
Six Hundred Dollars ($600.00) nor more than One Thousand Five 632
Hundred Dollars ($1,500.00), shall be imprisoned not less than 633
five (5) days nor more than six (6) months and sentenced to 634
community service work for not less than ten (10) days nor more 635
than six (6) months. The minimum penalties shall not be suspended 636
or reduced by the court and no prosecutor shall offer any 637
suspension or sentence reduction as part of a plea bargain. 638
(ii) Suspension of commercial driving privileges 639
is governed by Section 63-1-216. 640
(iii) Eligibility for an interlock-restricted 641
license is governed by Section 63-11-31 and suspension of regular 642
driving privileges is governed by Section 63-11-23. 643
(c) Third offense DUI. (i) For a third conviction of 644
a person for violating subsection (1) of this section, the 645
offenses being committed within a period of five (5) years, the 646
person shall be guilty of a felony and fined not less than Two 647
Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars 648
($5,000.00), and shall serve not less than one (1) year nor more 649
than five (5) years in the custody of the Department of 650
Corrections. For any offense that does not result in serious 651
injury or death to any person, the sentence of incarceration may 652
be served in the county jail rather than in the State Penitentiary 653
at the discretion of the circuit court judge. The minimum 654
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penalties shall not be suspended or reduced by the court and no 655
prosecutor shall offer any suspension or sentence reduction as 656
part of a plea bargain. 657
(ii) The suspension of commercial driving 658
privileges is governed by Section 63-1-216. 659
(iii) The suspension of regular driving privileges 660
is governed by Section 63-11-23. 661
(d) Fourth and subsequent offense DUI. (i) For any 662
fourth or subsequent conviction of a violation of subsection (1) 663
of this section, without regard to the time period within which 664
the violations occurred, the person shall be guilty of a felony 665
and fined not less than Three Thousand Dollars ($3,000.00) nor 666
more than Ten Thousand Dollars ($10,000.00), and shall serve not 667
less than two (2) years nor more than ten (10) years in the 668
custody of the Department of Corrections. 669
(ii) The suspension of commercial driving 670
privileges is governed by Section 63-1-216. 671
(iii) A person convicted of a fourth or subsequent 672
offense is ineligible to exercise the privilege to operate a motor 673
vehicle that is not equipped with an ignition-interlock device for 674
ten (10) years. 675
(e) Any person convicted of a second or subsequent 676
violation of subsection (1) of this section shall receive an 677
in-depth diagnostic assessment, and if as a result of the 678
assessment is determined to be in need of treatment for alcohol or 679
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drug abuse, the person must successfully complete treatment at a 680
program site certified by the Department of Mental Health. Each 681
person who receives a diagnostic assessment shall pay a fee 682
representing the cost of the assessment. Each person who 683
participates in a treatment program shall pay a fee representing 684
the cost of treatment. 685
(f) The use of ignition-interlock devices is governed 686
by Section 63-11-31. 687
(3) Zero tolerance for minors. (a) This subsection shall 688
be known and may be cited as Zero Tolerance for Minors. The 689
provisions of this subsection shall apply only when a person under 690
the age of twenty-one (21) years has a blood alcohol concentration 691
of two one-hundredths percent (.02%) or more, but lower than eight 692
one-hundredths percent (.08%). If the person's blood alcohol 693
concentration is eight one-hundredths percent (.08%) or more, the 694
provisions of subsection (2) shall apply. 695
(b) (i) A person under the age of twenty-one (21) is 696
eligible for nonadjudication of a qualifying first offense by the 697
court pursuant to subsection (14) of this section. 698
(ii) Upon conviction of any person under the age 699
of twenty-one (21) years for the first offense of violating 700
subsection (1) of this section where chemical tests provided for 701
under Section 63-11-5 were given, or where chemical test results 702
are not available, the person shall be fined Two Hundred Fifty 703
Dollars ($250.00); the court shall order the person to attend and 704
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complete an alcohol safety education program as provided in 705
Section 63-11-32 within six (6) months. The court may also 706
require attendance at a victim impact panel. 707
(c) A person under the age of twenty-one (21) years who 708
is convicted of a second violation of subsection (1) of this 709
section, the offenses being committed within a period of five (5) 710
years, shall be fined not more than Five Hundred Dollars 711
($500.00). 712
(d) A person under the age of twenty-one (21) years who 713
is convicted of a third or subsequent violation of subsection (1) 714
of this section, the offenses being committed within a period of 715
five (5) years, shall be fined not more than One Thousand Dollars 716
($1,000.00). 717
(e) License suspension is governed by Section 63-11-23 718
and ignition interlock is governed by Section 63-11-31. 719
(f) Any person under the age of twenty-one (21) years 720
convicted of a third or subsequent violation of subsection (1) of 721
this section must complete treatment of an alcohol or drug abuse 722
program at a site certified by the Department of Mental Health. 723
(4) DUI test refusal. In addition to the other penalties 724
provided in this section, every person refusing a law enforcement 725
officer's request to submit to a chemical test of the person's 726
breath as provided in this chapter, or who was unconscious at the 727
time of a chemical test and refused to consent to the introduction 728
of the results of the test in any prosecution, shall suffer an 729
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additional administrative suspension of driving privileges as set 730
forth in Section 63-11-23. 731
(5) Aggravated DUI. (a) (i) Except as otherwise provided 732
in subparagraph (ii) of this paragraph (a), every person who 733
operates any motor vehicle in violation of the provisions of 734
subsection (1) of this section and who in a negligent manner 735
causes the death of another or mutilates, disfigures, permanently 736
disables or destroys the tongue, eye, lip, nose or any other limb, 737
organ or member of another shall, upon conviction, be guilty of a 738
separate felony for each victim who suffers death, mutilation, 739
disfigurement or other injury and shall be committed to the 740
custody of the State Department of Corrections for a period of 741
time of not less than five (5) years and not to exceed twenty-five 742
(25) years for each death, mutilation, disfigurement or other 743
injury, and the imprisonment for the second or each subsequent 744
conviction, in the discretion of the court, shall commence either 745
at the termination of the imprisonment for the preceding 746
conviction or run concurrently with the preceding conviction. Any 747
person charged with causing the death of another as described in 748
this subsection shall be required to post bail before being 749
released after arrest. 750
(ii) Every person who is below the legal age to 751
purchase alcoholic beverages under state law and has an alcohol 752
concentration in the person's blood, based upon grams of alcohol 753
per one hundred (100) milliliters of blood, or grams of alcohol 754
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per two hundred ten (210) liters of breath, as shown by a chemical 755
analysis of the person's breath, blood or urine administered as 756
authorized by this chapter, of eight one-hundredths percent 757
(0.08%) or more and who in a negligent manner causes the death of 758
another or mutilates, disfigures, permanently disables or destroys 759
the tongue, eye, lip, nose or any other limb, organ or member of 760
another shall, upon conviction, be guilty of a separate felony for 761
each victim who suffers death, mutilation, disfigurement or other 762
injury and shall be committed to the custody of the State 763
Department of Corrections for a period of time not less than five 764
(5) years and not to exceed twenty-five (25) years for each death, 765
mutilation, disfigurement or other injury, and the imprisonment 766
for the second or each subsequent conviction, in the discretion of 767
the court, shall commence either at the termination of the 768
imprisonment for the preceding conviction or run concurrently with 769
the preceding conviction. Any such person charged with causing 770
the death of another as described in this subparagraph shall be 771
required to post bail before being released after arrest. 772
(b) A holder of a commercial driver's license who is 773
convicted of operating a commercial motor vehicle with an alcohol 774
concentration of eight one-hundredths percent (.08%) or more shall 775
be guilty of a felony and shall be committed to the custody of the 776
Department of Corrections for not less than two (2) years and not 777
more than ten (10) years. 778
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(c) The court shall order an ignition-interlock 779
restriction on the offender's privilege to drive as a condition of 780
probation or post-release supervision not to exceed five (5) years 781
unless a longer restriction is required under other law. The 782
ignition-interlock restriction shall not be applied to commercial 783
license privileges until the driver serves the full 784
disqualification period required by Section 63-1-216. 785
(6) DUI citations. (a) Upon conviction of a violation of 786
subsection (1) of this section, the trial judge shall sign in the 787
place provided on the traffic ticket, citation or affidavit 788
stating that the person arrested either employed an attorney or 789
waived his right to an attorney after having been properly 790
advised. If the person arrested employed an attorney, the name, 791
address and telephone number of the attorney shall be written on 792
the ticket, citation or affidavit. The court clerk must 793
immediately send a copy of the traffic ticket, citation or 794
affidavit, and any other pertinent documents concerning the 795
conviction or other order of the court, to the Department of 796
Public Safety as provided in Section 63-11-37. 797
(b) A copy of the traffic ticket, citation or affidavit 798
and any other pertinent documents, having been attested as true 799
and correct by the Commissioner of Public Safety, or his designee, 800
shall be sufficient proof of the conviction for purposes of 801
determining the enhanced penalty for any subsequent convictions of 802
violations of subsection (1) of this section. The Department of 803
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Public Safety shall maintain a central database for verification 804
of prior offenses and convictions. 805
(7) Out-of-state prior convictions. Convictions in another 806
state, territory or possession of the United States, or under the 807
law of a federally recognized Native American tribe, of violations 808
for driving or operating a vehicle while under the influence of an 809
intoxicating liquor or while under the influence of any other 810
substance that has impaired the person's ability to operate a 811
motor vehicle occurring within five (5) years before an offense 812
shall be counted for the purposes of determining if a violation of 813
subsection (1) of this section is a second, third, fourth or 814
subsequent offense and the penalty that shall be imposed upon 815
conviction for a violation of subsection (1) of this section. 816
(8) Charging of subsequent offenses. (a) For the purposes 817
of determining how to impose the sentence for a second, third, 818
fourth or subsequent conviction under this section, the affidavit 819
or indictment shall not be required to enumerate previous 820
convictions. It shall only be necessary that the affidavit or 821
indictment states the number of times that the defendant has been 822
convicted and sentenced within the past five (5) years for a 823
second or third offense, or without a time limitation for a fourth 824
or subsequent offense, under this section to determine if an 825
enhanced penalty shall be imposed. The amount of fine and 826
imprisonment imposed in previous convictions shall not be 827
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considered in calculating offenses to determine a second, third, 828
fourth or subsequent offense of this section. 829
(b) Before a defendant enters a plea of guilty to an 830
offense under this section, law enforcement must submit 831
certification to the prosecutor that the defendant's driving 832
record, the confidential registry and National Crime Information 833
Center record have been searched for all prior convictions, 834
nonadjudications, pretrial diversions and arrests for driving or 835
operating a vehicle while under the influence of an intoxicating 836
liquor or while under the influence of any other substance that 837
has impaired the person's ability to operate a motor vehicle. The 838
results of the search must be included in the certification. 839
(9) License eligibility for underage offenders. A person 840
who is under the legal age to obtain a license to operate a motor 841
vehicle at the time of the offense and who is convicted under this 842
section shall not be eligible to receive a driver's license until 843
the person reaches the age of eighteen (18) years. 844
(10) License suspensions and restrictions to run 845
consecutively. Suspension or restriction of driving privileges 846
for any person convicted of or nonadjudicated for violations of 847
subsection (1) of this section shall run consecutively to and not 848
concurrently with any other administrative license suspension. 849
(11) Ignition interlock. If the court orders installation 850
and use of an ignition-interlock device as provided in Section 851
63-11-31 for every vehicle operated by a person convicted or 852
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nonadjudicated under this section, each device shall be installed, 853
maintained and removed as provided in Section 63-11-31. 854
(12) DUI child endangerment. A person over the age of 855
twenty-one (21) who violates subsection (1) of this section while 856
transporting in a motor vehicle a child under the age of sixteen 857
(16) years is guilty of the separate offense of endangering a 858
child by driving under the influence of alcohol or any other 859
substance which has impaired the person's ability to operate a 860
motor vehicle. The offense of endangering a child by driving 861
under the influence of alcohol or any other substance which has 862
impaired the person's ability to operate a motor vehicle shall not 863
be merged with an offense of violating subsection (1) of this 864
section for the purposes of prosecution and sentencing. An 865
offender who is convicted of a violation of this subsection shall 866
be punished as follows: 867
(a) A person who commits a violation of this subsection 868
which does not result in the serious injury or death of a child 869
and which is a first conviction shall be guilty of a misdemeanor 870
and, upon conviction, shall be fined not more than One Thousand 871
Dollars ($1,000.00) or shall be imprisoned for not more than 872
twelve (12) months, or both; 873
(b) A person who commits a violation of this subsection 874
which does not result in the serious injury or death of a child 875
and which is a second conviction shall be guilty of a misdemeanor 876
and, upon conviction, shall be fined not less than One Thousand 877
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Dollars ($1,000.00) nor more than Five Thousand Dollars 878
($5,000.00) or shall be imprisoned for one (1) year, or both; 879
(c) A person who commits a violation of this subsection 880
which does not result in the serious injury or death of a child 881
and which is a third or subsequent conviction shall be guilty of a 882
felony and, upon conviction, shall be fined not less than Ten 883
Thousand Dollars ($10,000.00) or shall be imprisoned for not less 884
than one (1) year nor more than five (5) years, or both; and 885
(d) A person who commits a violation of this subsection 886
which results in the serious injury or death of a child, without 887
regard to whether the offense was a first, second, third or 888
subsequent offense, shall be guilty of a felony and, upon 889
conviction, shall be punished by a fine of not less than Ten 890
Thousand Dollars ($10,000.00) and shall be imprisoned for not less 891
than five (5) years nor more than twenty-five (25) years. 892
(13) * * * [Deleted] 893
(14) Nonadjudication. (a) For the purposes of this 894
chapter, "nonadjudication" means that the court withholds 895
adjudication of guilt and sentencing, either at the conclusion of 896
a trial on the merits or upon the entry of a plea of guilt by a 897
defendant, and places the defendant in a nonadjudication program 898
conditioned upon the successful completion of the requirements 899
imposed by the court under this subsection. 900
(b) A person is eligible for nonadjudication of an 901
offense under this Section 63-11-30 only one (1) time under any 902
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provision of a law that authorizes nonadjudication and only for an 903
offender: 904
(i) Who has successfully completed all terms and 905
conditions imposed by the court after placement of the defendant 906
in a nonadjudication program; 907
(ii) Who was not the holder of a commercial 908
driver's license or a commercial learning permit at the time of 909
the offense; 910
(iii) Who has not previously been convicted of and 911
does not have pending any former or subsequent charges under this 912
section; and 913
(iv) Who has provided the court with justification 914
as to why nonadjudication is appropriate. 915
(c) Nonadjudication may be initiated upon the filing of 916
a petition for nonadjudication or at any stage of the proceedings 917
in the discretion of the court; the court may withhold 918
adjudication of guilt, defer sentencing, and upon the agreement of 919
the offender to participate in a nonadjudication program, enter an 920
order imposing requirements on the offender for a period of court 921
supervision before the order of nonadjudication is entered. 922
Failure to successfully complete a nonadjudication program 923
subjects the person to adjudication of the charges against him and 924
to imposition of all penalties previously withheld due to entrance 925
into a nonadjudication program. The court shall immediately 926
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inform the commissioner of the conviction as required in Section 927
63-11-37. 928
(i) The court shall order the person to: 929
1. Pay the nonadjudication fee imposed under 930
Section 63-11-31 if applicable; 931
2. Pay all fines, penalties and assessments 932
that would have been imposed for conviction; 933
3. Attend and complete an alcohol safety 934
education program as provided in Section 63-11-32 within six (6) 935
months of the date of the order; 936
4. a. If the court determines that the 937
person violated this section with respect to alcohol or 938
intoxicating liquor, the person must install an ignition-interlock 939
device on every motor vehicle operated by the person, obtain an 940
interlock-restricted license, and maintain that license for one 941
hundred twenty (120) days or suffer a one-hundred-twenty-day 942
suspension of the person's regular driver's license, during which 943
time the person must not operate any vehicle. 944
b. If the court determines that the 945
person violated this section by operating a vehicle when under the 946
influence of a substance other than alcohol that has impaired the 947
person's ability to operate a motor vehicle, including any drug or 948
controlled substance which is unlawful to possess under the 949
Mississippi Controlled Substances Law, the person must submit to a 950
one-hundred-twenty-day period of a nonadjudication program that 951
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includes court-ordered drug testing at the person's own expense 952
not less often than every thirty (30) days, during which time the 953
person may drive if compliant with the terms of the program, or 954
suffer a one-hundred-twenty-day suspension of the person's regular 955
driver's license, during which time the person will not operate 956
any vehicle. 957
(ii) Other conditions that may be imposed by the 958
court include, but are not limited to, alcohol or drug screening, 959
or both, proof that the person has not committed any other traffic 960
violations while under court supervision, proof of immobilization 961
or impoundment of vehicles owned by the offender if required, and 962
attendance at a victim-impact panel. 963
(d) The court may enter an order of nonadjudication 964
only if the court finds, after a hearing or after ex parte 965
examination of reliable documentation of compliance, that the 966
offender has successfully completed all conditions imposed by law 967
and previous orders of the court. The court shall retain 968
jurisdiction over cases involving nonadjudication for a period of 969
not more than two (2) years. 970
(e) (i) The clerk shall immediately forward a record 971
of every person placed in a nonadjudication program and of every 972
nonadjudication order to the Department of Public Safety for 973
inclusion in the permanent confidential registry of all cases that 974
are nonadjudicated under this subsection (14). 975
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(ii) Judges, clerks and prosecutors involved in 976
the trial of implied consent violations and law enforcement 977
officers involved in the issuance of citations for implied consent 978
violations shall have secure online access to the confidential 979
registry for the purpose of determining whether a person has 980
previously been the subject of a nonadjudicated case and 1. is 981
therefore ineligible for another nonadjudication; 2. is ineligible 982
as a first offender for a violation of this section; or 3. is 983
ineligible for expunction of a conviction of a violation of this 984
section. 985
(iii) The Driver Services Bureau of the department 986
shall have access to the confidential registry for the purpose of 987
determining whether a person is eligible for a form of license not 988
restricted to operating a vehicle equipped with an 989
ignition-interlock device. 990
(iv) The Mississippi Alcohol Safety Education 991
Program shall have secure online access to the confidential 992
registry for research purposes only. 993
(15) The provisions of this section are fully applicable to 994
any person who is under the influence of medical cannabis that is 995
lawful under the Mississippi Medical Cannabis Act and in 996
compliance with rules and regulations adopted thereunder which has 997
impaired the person's ability to operate a motor vehicle. 998
SECTION 8. Section 99-15-26, Mississippi Code of 1972, is 999
amended as follows: 1000
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99-15-26. (1) (a) In all criminal cases, felony and 1001
misdemeanor, other than crimes against the person, a crime of 1002
violence as defined in Section 97-3-2, a violation of Section 1003
97-11-31, or crimes in which a person unlawfully takes, obtains or 1004
misappropriates funds received by or entrusted to the person by 1005
virtue of his or her public office or employment, the circuit or 1006
county court shall be empowered, upon the entry of a plea of 1007
guilty by a criminal defendant made on or after July 1, 2014, to 1008
withhold acceptance of the plea and sentence thereon pending 1009
successful completion of such conditions as may be imposed by the 1010
court pursuant to subsection (2) of this section. 1011
(b) In all misdemeanor criminal cases, other than 1012
crimes against the person, the justice or municipal court shall be 1013
empowered, upon the entry of a plea of guilty by a criminal 1014
defendant, to withhold acceptance of the plea and sentence thereon 1015
pending successful completion of such conditions as may be imposed 1016
by the court pursuant to subsection (2) of this section. 1017
(c) Notwithstanding paragraph (a) of this subsection 1018
(1), in all criminal cases charging a misdemeanor of domestic 1019
violence as defined in Section 99-3-7(5), a circuit, county, 1020
justice or municipal court shall be empowered, upon the entry of a 1021
plea of guilty by the criminal defendant, to withhold acceptance 1022
of the plea and sentence thereon pending successful completion of 1023
such conditions as may be imposed by the court pursuant to 1024
subsection (2) of this section. 1025
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(d) No person having previously qualified under the 1026
provisions of this section shall be eligible to qualify for 1027
release in accordance with this section for a repeat offense. A 1028
person shall not be eligible to qualify for release in accordance 1029
with this section if charged with the offense of trafficking of a 1030
controlled substance as provided in Section 41-29-139(f) or if 1031
charged with an offense under the Mississippi Implied Consent Law. 1032
Violations under the Mississippi Implied Consent Law can only be 1033
nonadjudicated under the provisions of Section 63-11-30. 1034
(2) (a) Conditions which the circuit, county, justice or 1035
municipal court may impose under subsection (1) of this section 1036
shall consist of: 1037
(i) Reasonable restitution to the victim of the 1038
crime. 1039
(ii) Performance of not more than nine hundred 1040
sixty (960) hours of public service work approved by the court. 1041
(iii) Payment of a fine not to exceed the 1042
statutory limit. 1043
(iv) Successful completion of drug, alcohol, 1044
psychological or psychiatric treatment, successful completion of a 1045
program designed to bring about the cessation of domestic abuse, 1046
or any combination thereof, if the court deems treatment 1047
necessary. 1048
(v) The circuit or county court, in its 1049
discretion, may require the defendant to remain in the program 1050
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subject to good behavior for a period of time not to exceed five 1051
(5) years. The justice or municipal court, in its discretion, may 1052
require the defendant to remain in the program subject to good 1053
behavior for a period of time not to exceed two (2) years. 1054
(b) Conditions which the circuit or county court may 1055
impose under subsection (1) of this section also include 1056
successful completion of an effective evidence-based program or a 1057
properly controlled pilot study designed to contribute to the 1058
evidence-based research literature on programs targeted at 1059
reducing recidivism. Such program or pilot study may be community 1060
based or institutionally based and should address risk factors 1061
identified in a formal assessment of the offender's risks and 1062
needs. 1063
(3) When the court has imposed upon the defendant the 1064
conditions set out in this section, the court shall release the 1065
bail bond, if any. 1066
(4) Upon successful completion of the court-imposed 1067
conditions permitted by subsection (2) of this section, the court 1068
shall direct that the cause be dismissed and the case be closed. 1069
* * * 1070
SECTION 9. Section 99-15-59, Mississippi Code of 1972, which 1071
provides that any person who is arrested, issued a citation, or 1072
held for any misdemeanor and not formally charged or prosecuted 1073
with an offense within twelve (12) months of arrest, or upon 1074
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ST: Expungement; consolidate statutes
concerning.
dismissal of the charge, may apply to the court with jurisdiction 1075
over the matter for the charges to be expunged, is repealed. 1076
SECTION 10. Section 99-19-71, Mississippi Code of 1972, 1077
which provides for expungement of certain felony and misdemeanor 1078
conviction records, is repealed. 1079
SECTION 11. Section 99-19-72, Mississippi Code of 1972, 1080
which provides for filing fees for certain petitions for 1081
expungement and the disposition thereof, is repealed. 1082
SECTION 12. This act shall take effect and be in force from 1083
and after July 1, 2026. 1084