House Bill 1165

AN ACT TO AMEND SECTION 43-21-151, MISSISSIPPI CODE OF 1972, REGARDING THE JURISDICTION OF THE CIRCUIT COURT WHEN A CHILD VIOLATES SECTIONS 97-37-1 OR 97-37-14, MISSISSIPPI CODE OF 1972, WHEN ACCOMPANIED BY A VIOLATION OF CERTAIN FELONY CRIMES; TO AMEND SECTION 97-37-35, MISSISSIPPI CODE OF 1972, REGARDING THE TRANSFER OF FIREARMS; TO CREATE A CRIMINAL PENALTY FOR SHOOTING OR DISCHARGING A FIREARM INTO A GROUP OF TWO OR MORE PEOPLE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-21-151, Mississippi Code of 1972, is amended as follows:

43-21-151. (1) The youth court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child or a dependent child except in the following circumstances:

(a) Any act attempted or committed by a child, which if committed by an adult would be punishable under state or federal law by life imprisonment or death, will be in the original jurisdiction of the circuit court;

(b) Any act attempted or committed by a child with the use of a deadly weapon, the carrying of which concealed is prohibited by Section 97-37-1, or a shotgun or a rifle, which would be a felony if committed by an adult, will be in the original jurisdiction of the circuit court; and

(c) Any violation by a child of Section 97-37-1 or Section 97-37-14 when accompanied by a felony crime in violation of Section 97-37-17, Section 97-37-35, Section 97-37-37, Section 97-37-39, or Section 97-37-105, and any other associated felony crime, will be in the original jurisdiction of the circuit court.

( * * *cd) When a charge of abuse or neglect of a child first arises in the course of a custody action between the parents of the child already pending in the chancery court and no notice of such abuse was provided prior to such chancery proceedings, the chancery court may proceed with the investigation, hearing and determination of such abuse or neglect charge as a part of its hearing and determination of the custody issue as between the parents, notwithstanding the other provisions of the Youth Court Law. The proceedings in chancery court on the abuse or neglect charge shall be confidential in the same manner as provided in youth court proceedings.

When a child is expelled from the public schools, the youth court shall be notified of the act of expulsion and the act or acts constituting the basis for expulsion.

(2) Jurisdiction of the child in the cause shall attach at the time of the offense, or at the time of the allegation of abuse, neglect or exploitation, and shall continue thereafter for that offense or the allegations of abuse, neglect or exploitation until the child's twentieth birthday, unless sooner terminated by order of the youth court. The youth court shall not have jurisdiction over offenses committed by a child on or after his eighteenth birthday, nor have jurisdiction of abuse, neglect, or exploitation committed against a child after their eighteenth birthday.

(3) No child who has not reached his thirteenth birthday shall be held criminally responsible or criminally prosecuted for a misdemeanor or felony; however, the parent, guardian or custodian of such child may be civilly liable for any criminal acts of such child. No child under the jurisdiction of the youth court shall be held criminally responsible or criminally prosecuted by any court for any act designated as a delinquent act, unless jurisdiction is transferred to another court under Section 43-21-157.

(4) The youth court shall also have jurisdiction of offenses committed by a child which have been transferred to the youth court by an order of a circuit court of this state having original jurisdiction of the offense, as provided by Section 43-21-159.

(5) The youth court shall regulate and approve the use of teen court as provided in Section 43-21-753.

(6) Nothing in this section shall prevent the circuit court from assuming jurisdiction over a youth who has committed an act of delinquency upon a youth court's ruling that a transfer is appropriate pursuant to Section 43-21-157.

SECTION 2. Section 97-37-35, Mississippi Code of 1972, is amended as follows:

97-37-35. (1) It is unlawful for any person knowingly or intentionally to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm or attempt to possess, receive, retain, acquire or obtain possession or dispose of a stolen firearm.

(2) It is unlawful for any person knowingly or intentionally to sell, deliver or transfer a stolen firearm or attempt to sell, deliver or transfer a stolen firearm.

(3) Any person convicted of violating this section shall be guilty of a felony and shall be punished as follows:

(a) For the first conviction, punishment by commitment to the Department of Corrections for five (5) years;

(b) For the second and subsequent convictions, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.

(c) For a conviction where the offender possesses two (2) or more stolen firearms, the offense shall be considered trafficking in stolen firearms punishable by commitment to the Department of Corrections for not less than fifteen (15) years.

(d) For a conviction where the sale, delivery, or transfer of a stolen firearm or the attempt to sell, deliver, or transfer of a stolen firearm was to a child, the offense shall be punishable by commitment to the Department of Corrections for not less than ten (10) years but not to exceed twenty (20) years.

(e) For a conviction where the sale, delivery, or transfer of a stolen firearm was for a firearm that was subsequently used in a crime of violence pursuant to Section 97-3-2, the offense shall be punishable by commitment to the Department of Corrections for not less than ten (10) years but not to exceed thirty (30) years.

(f) For a conviction where the sale, delivery, or transfer of a stolen firearm was for a firearm that was subsequently used in an attempted murder pursuant to Section 97-1-7(2), murder or capital murder pursuant to Section 97-3-19, or child homicide pursuant to Section 97-3-25(2)(a), the offense shall be punishable for not less than ten (10) years but not to exceed forty (40) years.

(4) Any person who commits or attempts to commit any other crime while in possession of a stolen firearm shall be guilty of a separate felony of possession of a stolen firearm under this section and, upon conviction thereof, shall be punished by commitment to the Department of Corrections for * * *~~five (5)~~ fifteen (15) years, such term to run consecutively and not concurrently with any other sentence of incarceration.

SECTION 3. (1) If any person shall willfully and unlawfully shoot or discharge a firearm into an assembly or group of two or more people, the offender shall be guilty of a felony whether or not anybody be injured thereby and, on conviction thereof, shall be punished by commitment to the Department of Corrections for a term of not less than five (5) years but not to exceed fifteen (15) years or by a fine of not more than ten thousand dollars ($10,000.00), or by both such imprisonment and fine, within the discretion of the court.

(2) If the shooting or discharging of the firearm into an assembly or group is at a church, synagogue, temple or other established place of worship, courthouse, school, playground, or park, the offender may be punished by a fine or imprisonment for not less than five (5) years but not to exceed twenty (20) years or by a fine of not more than twenty thousand dollars ($20,000.00), or by both such imprisonment and fine, within the discretion of the court.

(3) If any person in the assembly or group is under the age of eighteen (18), the offender may be punished by a fine or imprisonment for not less than five (5) years but not to exceed thirty (30) years or by a fine of not more than twenty thousand dollars ($20,000.00), or by both such imprisonment and fine, within the discretion of the court.

(4) If the offender is a street gang member or a gang member, pursuant to Section 97-44-3, or a member of a terrorist organization, the offender may be punished by a fine or imprisonment for not less than ten (10) years but not to exceed thirty (30) years or by a fine of not more than twenty thousand dollars ($20,000.00), or by both such imprisonment and fine, within the discretion of the court.

(5) A terrorist organization for purposes of this section is an organization that makes terroristic threats as defined under Mississippi Code Section 97-7-75 or an organization that commits an act or acts that meet the definition of international or domestic terrorism under 18 USC Section 2331.

SECTION 4. This act shall take effect and be in force from and after July 1, 2026.