The Judiciary Committee proposes the following Amendment No. 1 to S. 1321 (COUNCIL\MS\7821AHB12):

Reference is to Printer's Date 3/21/12-S.

Amend the bill, as and if amended, by deleting Section 24-19-10(d), as contained in SECTION 5, beginning on page 7, beginning on line 5, and inserting:

/      "(d)      'Youthful offender' means an offender who is:
           (i)            under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 63-19-1210 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of fifteen years or less;
           (ii)      seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less;
           (iii)      under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 63-19-1210 for allegedly committing burglary in the second degree (Section 16-11-312). The If the offender is sentenced pursuant to the provisions of this chapter and if the offender committed burglary in the second degree pursuant to Section 16-11-312(B), the offender must receive and serve a minimum a sentence of at least three years as provided in Section 24-19-50(3), no part of which may be suspended, and the person is not eligible for conditional release until the person has served the three-year minimum sentence met the conditions as provided by thecourt;
           (iv)      seventeen but less than twenty-one years of age at the time of conviction for burglary in the second degree (Section 16-11-312). The If the offender is sentenced pursuant to the provisions of this chapter and if the offender committed burglary in the second degree pursuant to Section 16-11-312(B), the offender must receive and serve a minimum a sentence of at least three years as provided in Section 24-19-50(3), no part of which may be suspended, and the person is not eligible for conditional release until the person has served the three-year minimum sentence met the conditions as provided by the court;
           (v)      under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 63-19-1210 for allegedly committing a lewd act upon a child pursuant to Section 16-15-140, and the alleged offense involved consensual sexual conduct with a person who was at least fourteen years of age at the time of the act; or
           (vi)      seventeen but less than twenty-five years of age at the time of conviction for committing a lewd act upon a child pursuant to Section 16-15-140, and the conviction resulted from consensual sexual conduct, provided the offender was eighteen years of age or less at the time of the act and the other person involved was at least fourteen years of age at the time of the act." /

Renumber sections to conform.
Amend title to conform.