MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary B
By: Representatives Owen, McLean
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; TO AMEND SECTION 9-5-13, MISSISSIPPI CODE OF 1972, TO REVISE THE NUMBER OF CHANCELLORS FOR THE THIRD CHANCERY COURT DISTRICT IN THE "FROM AND AFTER JANUARY 1, 2027" TIER; TO CONDITION THE QUALIFYING DEADLINE FOR THE "PLACE THREE" CHANCELLORSHIP FOR THE THIRD CHANCERY COURT DISTRICT UPON THE GOVERNOR'S APPROVAL OF THIS ACT; TO AMEND SECTION 23-15-977, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO BRING FORWARD SECTION 9-5-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE COUNTY COMPOSITION OF THE THIRD CHANCERY COURT DISTRICT, FOR PURPOSES OF AMENDMENT; 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.
( * * *d) 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 * * * 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. Section 9-5-13, Mississippi Code of 1972, is amended as follows:
[Until January 1, 2027, this section shall read as follows:]
9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District.
(2) (a) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.
(b) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as "Place One," and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three."
[From and after January 1, 2027, this section shall read as follows:]
9-5-13. (1) There shall be * * * three (3) chancellors for the
Third Chancery Court District.
(2) For purposes of
appointment and election only, the * * * three (3) chancellorships shall
be separate and distinct and denominated as "Place One" * * *, "Place Two * * *" and "Place Three".
The chancellor of Place One must reside in Tate County,
Panola County or Yalobusha County. The chancellor of Place Two must reside
in Carroll County, Grenada County, Montgomery County or Tallahatchie County. The
chancellor of Place Three must reside in Carroll County, Grenada County,
Montgomery County, Panola County, Tallahatchie County, Tate County or Yalobusha
County.
SECTION 5. If this act is approved by the Governor or becomes law without the Governor's signature by January 23, 2026, any candidate for the office of chancellor for Place Three of the Third Chancery Court District in Section 1 of this act that takes office from and after January 1, 2027, shall file their intent to be a candidate no later than February 2, 2026, and qualify as otherwise provided in Section 23-15-977 for candidates for judicial office; however, if this act has not been approved by the Governor or does not become law without the Governor's signature by January 23, 2026, any candidate for the office of chancellor for Place Three of the Third Chancery Court District in Section 1 of this act that takes office from and after January 1, 2027, shall file their intent to be a candidate no later than 5:00 p.m. on May 1, 2026, and qualify as otherwise provided in Section 23-15-977 for candidates for judicial office.
Regardless of which qualifying deadline applies, any candidate for the office of chancellor for Place Three of the Third Chancery Court District in Section 1 of this act that begins from and after January 1, 2027, shall run for such office in the November 2026 general election for judicial officers in the same manner as all other candidates for judicial office.
SECTION 6. Section 23-15-977, Mississippi Code of 1972, is amended as follows:
23-15-977. (1) Except as
otherwise provided * * * by law, all candidates for judicial office as
defined in Section 23-15-975 of this subarticle shall file their intent to be a
candidate with the proper officials and pay the proper assessment by not later
than 5:00 p.m. on February 1 of the year in which the general election for the
judicial office is held. If February 1 occurs on a Saturday, Sunday or legal holiday,
candidates shall file their intent to be a candidate and pay the proper assessment
by 5:00 p.m. on the business day immediately following the Saturday, Sunday or
legal holiday. Candidates shall pay to the proper officials the following
amounts:
(a) Candidates for Supreme Court justice and Court of Appeals judge, the sum of Two Hundred Dollars ($200.00).
(b) Candidates for circuit judge and chancellor, the sum of One Hundred Dollars ($100.00).
(c) Candidates for county judge and family court judge, the sum of One Hundred Dollars ($100.00).
(d) Candidates for justice court judge, the sum of One Hundred Dollars ($100.00).
Candidates for judicial office may not file their intent to be a candidate and pay the proper assessment before January 1 of the year in which the election for the judicial office is held.
(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.
(3) Candidates for judicial offices listed in paragraphs (c) and (d) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county election commissioners of all persons who have filed their intent to be a candidate with, and paid the proper assessment to, such clerk. The notification shall occur within two (2) business days and shall contain all necessary information.
(4) If only one (1) person files his or her intent to be a candidate for a judicial office and that person later dies, resigns or is otherwise disqualified from holding the judicial office after the deadline provided for in subsection (1) of this section but more than seventy (70) days before the date of the general election, the Governor, upon notification of the death, resignation or disqualification of the person, shall issue a proclamation authorizing candidates to file their intent to be a candidate for that judicial office for a period of not less than seven (7) nor more than ten (10) days from the date of the proclamation.
(5) If only one (1) person qualifies as a candidate for a judicial office and that person later dies, resigns or is otherwise disqualified from holding the judicial office within seventy (70) days before the date of the general election, the judicial office shall be considered vacant for the new term and the vacancy shall be filled as provided in by law.
SECTION 7. Section 9-5-11, Mississippi Code of 1972, is brought forward as follows:
[Until January 1, 2027, this section shall read as follows:]
9-5-11. (1) The Third Chancery Court District is composed of the following counties:
(a) DeSoto County;
(b) Grenada County;
(c) Montgomery County;
(d) Panola County;
(e) Tate County; and
(f) Yalobusha County.
(2) The Third Chancery Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 3-1 shall consist of DeSoto County.
(b) Subdistrict 3-2 shall consist of Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.
[From and after January 1, 2027, this section shall read as follows:]
9-5-11. The Third Chancery Court District is composed of the following counties:
(a) Carroll County;
(b) Grenada County;
(c) Montgomery County;
(d) Panola County;
(e) Tallahatchie County;
(f) Tate County; and
(g) Yalobusha County.
SECTION 8. This act shall take effect and be in force from and after July 1, 2026.