With yesterday's deadline for the introduction of general bills and constitutional amendments having passed, here are just a few pieces of legislation that I'm keeping and eye on during the 2025 legislative session that are relevant to Mississippi criminal law:
1) HB1089 will allow sheriff's departments to utilize radar for speed detection.
Note: The catch is, it will also require county board approval in order to go into effect. I would not expect many less populated and rural counties to adopt.
2) HB100 provides a range of between $100 and $1,000 to be deposited into the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund," upon conviction of certain crimes (including simple assault or simple domestic violence). Currently, a $1,000 assessment is required when "a fine or other penalty" is imposed for violation of a (non human trafficking) misdemeanor "crime against the person."
Note: Why not make it discretionary for judges? The assessment is on top of the normal fine and court costs, plus potential jail sentence. Most misdemeanor crimes have nothing to do with human trafficking.
3) HB117 involves justifiable homicide, otherwise known as "the Castle Doctrine." If passed, would require a pre-trial hearing to be had to determine if the killing was justified (if the killer legally asserted his right to self defense by use of the "Castle Doctrine."
Note: This is big, because, often, someone raising the Castle Doctrine defense can sit in jail for months or sometimes years pending a trial if they can't post bond.
4) HB1117 provides that any person who has been convicted of a misdemeanor that is not a traffic violation, shall have the violation expunged form his or her record by the court itself.
Note: The Law already allows you to expunge most misdemeanors, but it isn't automatic. This will put that responsibility on court staff.
5) SB2205 creates an enhanced penalty for persons sentenced as habitual misdemeanor offenders. "Habitual Offender" is defined as one who has previously been convicted, as an adult, of four or more misdemeanor offenses.
6) SB2215 provides an enhancement of an additional term of jail for convictions of shoplifting, where the merchandise was stolen from a merchant, store or other mercantile establishment in the business of selling food, packaged food or drugstore items.
Note: First offense now carries up to 6 months jail. This would add an additional 4 months possible additional jail term.
7) SB2214 adds Kratom to schedule III of the Uniform Controlled Substances Act.
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