Mississippi HB 612: Crimes; provide enhanced penalties for stalking if electronic tracking device used.

Bill Text

HB 612 (As Introduced) - 2019 Regular Session 

MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary B

By: Representative DeLano

House Bill 612

AN ACT TO AMEND SECTION 97-3-107, MISSISSIPPI CODE OF 1972, 
TO PROVIDE FOR ENHANCED PENALTIES FOR THE CRIMES OF STALKING AND AGGRAVATED 
STALKING WHEN THE PERSON CONVICTED USED AN ELECTRONIC TRACKING DEVICE IN 
FURTHERANCE OF THE CRIME; AND FOR RELATED PURPOSES.

���� BE 
IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

���� SECTION 
1.� Section 97-3-107, Mississippi 
Code of 1972, is amended as follows:

���� 97-3-107.� 
(1)� (a)� Any person who purposefully engages in a course of conduct directed 
at a specific person, or who makes a credible threat, and who knows or should 
know that the conduct would cause a reasonable person to fear for his or her 
own safety, to fear for the safety of another person, or to fear damage or 
destruction of his or her property, is guilty of the crime of stalking.

��������� (b)� 
A person who is convicted of the crime of stalking under this section shall be 
punished by imprisonment in the county jail for not more than one (1) year or 
by a fine of not more than One Thousand Dollars ($1,000.00), or by both such 
fine and imprisonment.

��������� (c)� Any person who is convicted of a violation of 
this section when there is in effect at the time of the commission of the 
offense a valid temporary restraining order, ex parte protective order, 
protective order after hearing, court approved consent agreement, or an 
injunction issued by a municipal, justice, county, circuit or chancery court, 
federal or tribal court or by a foreign court of competent jurisdiction 
prohibiting the behavior described in this section against the same 
party, shall be punished by imprisonment in the county jail for not more than 
one (1) year and by a fine of not more than One Thousand Five Hundred Dollars 
($1,500.00).

���� (2)� 
(a)� A person who commits acts that would constitute the crime of stalking as 
defined in this section is guilty of the crime of aggravated stalking if any of 
the following circumstances exist:

������������� (i)� 
At least one (1) of the actions constituting the offense involved the use or 
display of a deadly weapon with the intent to place the victim of the stalking 
in reasonable fear of death or great bodily injury to self or a third person;

������������� (ii)� 
Within the past seven (7) years, the perpetrator has been previously convicted 
of stalking or aggravated stalking under this section or a substantially 
similar law of another state, political subdivision of another state, of the 
United States, or of a federally recognized Indian tribe, whether against the 
same or another victim; or

������������� (iii)� 
At the time of the offense, the perpetrator was a person required to register 
as a sex offender pursuant to state, federal, military or tribal law and the 
victim was under the age of eighteen (18) years.

��������� (b)� 
Aggravated stalking is a felony punishable as follows:

������������� (i)� 
Except as provided in subparagraph (ii), by imprisonment in the custody of the 
Department of Corrections for not more than five (5) years and a fine of not 
more than Three Thousand Dollars ($3,000.00).

������������� (ii)� 
If, at the time of the offense, the perpetrator was required to register as a 
sex offender pursuant to state, federal, military or tribal law, and the victim 
was under the age of eighteen (18) years, by imprisonment for not more than six 
(6) years in the custody of the Department of Corrections and a fine of Four 
Thousand Dollars ($4,000.00).

���� (3)� 
Upon conviction, the sentencing court shall consider issuance of an order 
prohibiting the perpetrator from any contact with the victim.� The duration of 
any order prohibiting contact with the victim shall be based upon the 
seriousness of the facts before the court, the probability of future 
violations, and the safety of the victim or another person.

���� (4)� 
Every conviction of stalking or aggravated stalking may require as a condition 
of any suspended sentence or sentence of probation that the defendant, at his 
own expense, submit to psychiatric or psychological counseling or other such 
treatment or behavioral modification program deemed appropriate by the court.

���� (5)� 
In any prosecution under this section, it shall not be a defense that the 
perpetrator was not given actual notice that the course of conduct was unwanted 
or that the perpetrator did not intend to cause the victim fear.

���� (6)� 
When investigating allegations of a violation of this section, law enforcement 
officers shall utilize the Uniform Offense Report prescribed by the Office of 
the Attorney General in consultation with the sheriffs' and police chiefs' 
associations.� However, failure of law enforcement to utilize the Uniform 
Offense Report shall in no way invalidate the crime charged under this section. 

���� (7)� 
For pu