Juvenile crime; revise provisions related to., the official text

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division B

By: Senator(s) Fillingane

Senate Bill 2710

(As Sent to Governor)

AN ACT TO AMEND SECTION 43-21-151, MISSISSIPPI CODE OF 1972,
REGARDING THE JURISDICTION OF THE CIRCUIT COURT CONCERNING CERTAIN ACTS
ATTEMPTED OR COMMITTED BY A CHILD WHILE IN POSSESSION OF A FIREARM WHICH WOULD
BE A CRIME OF VIOLENCE PURSUANT TO SECTION 97-3-2 IF COMMITTED BY AN ADULT; 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 act
attempted or committed by a child which would be a crime of violence pursuant
to Section 97-3-2 if committed by an adult while in possession, whether openly
or concealed of any gun, rifle, pistol, or other firearm of any kind, will be
in the original jurisdiction of the circuit court; and

( * * *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) 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 (2) 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 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 § 2331.

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