The Judiciary Committee proposes the following Amendment No. 1 to H. 4603 (COUNCIL\MS\7710AHB12):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/ SECTION      1.      Section 17-22-50 of the 1976 Code, as last amended by Act 201 of 2008, is further amended to read:

     "Section 17-22-50.      (A)      A person must not be considered for intervention if:
           (1)      he previously has been accepted into an intervention program unless the solicitor, in his discretion, consents to allow the offender to participate in a pretrial intervention program more than once; or
           (2)      he has previously been accepted into a pretrial intervention program for an offense contained in Chapter 25, Title 16; or      
           (3)      the person is charged with:
           (a)      blackmail;
           (b)      driving under the influence or driving with an unlawful alcohol concentration;
           (c)      a traffic-related offense which is punishable only by fine or loss of points;
           (d)      a fish, game, wildlife, or commercial fishery-related offense which is punishable by a loss of eighteen points as provided in Section 50-9-1020;
           (e)      a crime of violence as defined in Section 16-1-60; or
           (f)      an offense contained in Chapter 25 of Title 16 if the offender has been convicted previously of a violation of that chapter or a similar offense in another jurisdiction.
     (B)      However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."

SECTION      2.      Section 17-22-60 of the 1976 Code is amended to read:

     "Section 17-22-60.            Intervention is appropriate only where:
           (1)      there is substantial likelihood that justice will be served if the offender is placed in an intervention program;
           (2)      it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;
           (3)      it is apparent that the offender poses no threat to the community;
           (4)      it appears that the offender is unlikely to be involved in further criminal activity;
           (5)      the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;
           (6)      the offender has no significant history of prior delinquency or criminal activity;
           (7)      the offender has not previously been accepted in a pretrial intervention program unless the solicitor, in his discretion, consents to allow the offender to participate in a pretrial intervention program more than once;
           (8)      the offender has not previously been accepted into a pretrial intervention program for an offense contained in Chapter 25, Title 16."
SECTION      3.      This act takes effect upon approval by the Governor. /

Renumber sections to conform.
Amend title to conform.