SB 2347 — Methamphetamine; revise penalty for simple possession of certain amounts.
Last action — Died In Committee
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
515 added · 494 removedPlain-language change summary
The recent amendment to SB 2347 introduces requirements for drug treatment for individuals convicted of methamphetamine-related offenses. For first-time offenders, the court must assess whether they should go into an approved drug treatment program unless it is deemed inappropriate. For second-time offenders, participation in such a program becomes mandatory. This change is significant because it aims to address drug addiction more effectively by promoting rehabilitation over punishment, potentially reducing recidivism and improving public health outcomes.
2347 (As Passed the Senate) AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR SIMPLE POSSESSION OF CERTAIN AMOUNTS OF METHAMPHETAMINE;
TO PROVIDE THAT THE COURT SHALL REQUIRE THE DEFENDANT, UPON CONVICTION OF A FIRST OFFENSE, TO BE ASSESSED AS TO WHETHER THE DEFENDANT SHOULD PARTICIPATE IN A DRUG TREATMENT PROGRAM APPROVED BY THE DEPARTMENT OF MENTAL HEALTH FROM A DEPARTMENT-CERTIFIED PROVIDER UNLESS THE COURT ENTERS A WRITTEN FINDING THAT A DRUG TREATMENT PROGRAM IS INAPPROPRIATE;
TO PROVIDE THAT THE COURT SHALL REQUIRE THE DEFENDANT, UPON CONVICTION OF A SECOND OFFENSE, TO PARTICIPATE IN A DRUG TREATMENT PROGRAM APPROVED BY THE DEPARTMENT OF MENTAL HEALTH FROM A DEPARTMENT-CERTIFIED PROVIDER FOR A CERTAIN AMOUNT OF DAYS WITH THE APPROPRIATE LEVEL OF CARE TO BE RECOMMENDED BY THE CERTIFIED PROVIDER UNLESS THE COURT ENTERS A WRITTEN FINDING THAT A DRUG TREATMENT PROGRAM IS INAPPROPRIATE;
or (2)S. To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance.
(b) Punishment for transfer and possession with intent to transfer.
Except as otherwise provided in Section 41-29-142, any S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ G1/2 25/SS26/R92025/SS26/R920PS PAGE 1 (ens\tb)(2) personTo whocreate, violatessell, subsectionbarter, (a)transfer, ofdistribute, thisdispense sectionor shallpossess be,with ifintent convicted,to sentencedcreate, assell, follows:barter, transfer, distribute or dispense, a counterfeit substance.
(b) Punishment for transfer and possession with intent to transfer.
Except as otherwise provided in Section 41-29-142, any person who violates subsection (a) of this section shall be, if convicted, sentenced as follows:
1.S.
If thirty (30) grams or less, by imprisonment for not more than three (3) years or a fine of not more than Three Thousand Dollars ($3,000.00), or both;
2.
If more than thirty (30) grams but less than two hundred fifty (250) grams, by imprisonment for not more S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 2(ens\tb)2 than1. five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both;
If thirty (30) grams or less, by imprisonment for not more than three (3) years or a fine of not more than Three Thousand Dollars ($3,000.00), or both;
2.
If more than thirty (30) grams but less than two hundred fifty (250) grams, by imprisonment for not more than five (5) years or a fine of not more than Five Thousand Dollars ($5,000.00), or both;
If twenty (20) or more grams but less than forty (40) grams, by imprisonment for not less than three (3) yearsS. nor more than ten (10) years or a fine of not more than Fifteen Thousand Dollars ($15,000.00), or both;
4.
If forty (40) or more grams but less than two hundred (200) grams, by imprisonment for not less than five S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 3(ens\tb)3 (5) years nor more than twentyten (20)(10) years or a fine of not more than TwentyFifteen Thousand Dollars ($20,000.00),($15,000.00), or both.both;
4.
If forty (40) or more grams but less than two hundred (200) grams, by imprisonment for not less than five (5) years nor more than twenty (20) years or a fine of not more than Twenty Thousand Dollars ($20,000.00), or both.
(4) For controlled substances classified in Schedule V, as set out in Section 41-29-121:
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 4(ens\tb)4 (A)(4) IfFor lesscontrolled thansubstances twoclassified (2)in gramsSchedule orV, tenas (10)set dosageout units,in bySection imprisonment41-29-121: for not more than one (1) year or a fine of not more than Five Thousand Dollars ($5,000.00), or both;
(A) If less than two (2) grams or ten (10) dosage units, by imprisonment for not more than one (1) year or a fine of not more than Five Thousand Dollars ($5,000.00), or both;
Except as otherwise provided under subsection (i) of this section for actions that are lawful under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder, it is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 5(ens\tb)5 valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article.
Upon conviction, a person shall be charged and sentenced as follows for a violation of this subsection with respect to:
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 6(ens\tb)6 (1)Upon Aconviction, controlleda substanceperson classifiedshall inbe Schedulecharged Iand orsentenced II,as exceptfollows marijuanafor *a *violation *,of syntheticthis cannabinoidssubsection andwith methamphetamine:respect to:
(1) A controlled substance classified in Schedule I or II, except marijuana * * *, synthetic cannabinoids and methamphetamine:
1.S.
If thirty (30) grams or less of marijuana or ten (10) grams or less of synthetic cannabinoids, by a fine of not less than One Hundred Dollars ($100.00) nor more than Two S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 7(ens\tb)7 Hundred1. Fifty Dollars ($250.00).
If thirty (30) grams or less of marijuana or ten (10) grams or less of synthetic cannabinoids, by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00).
The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this paragraph (2)(A) and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 8(ens\tb)8 which attach upon conviction under this paragraph (2)(A) and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;
or by a fine of not more than Three Thousand Dollars ($3,000.00), or imprisonment in the custodyS. of the Department of Corrections for not more than three (3) years, or both;
S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 9(ens\tb)9 2.custody of the Department of Corrections for not more than three (3) years, or both;
Show all 106 changed lines (66 more)
2.
or by a fine of not more than Three Thousand Dollars ($3,000.00), or imprisonment in the custody of theS. Department of Corrections for not more than three (3) years, or both;
S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 10(ens\tb)10 2.the Department of Corrections for not more than three (3) years, or both;
2.
If one (1) gram or less or five (5) dosage units or less,less: a first offense is punishable by a fine of not more than Two Hundred Fifty Dollars ($250.00), or not more than thirty (30) days in the county jail, or both;
fora. a second offense occurring within five (5) years, a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) and not less than five (5) days nor more than six (6) months in the county jail;
forA afirst third or subsequent offense occurringis within five (5) years, the offense shall be a felony punishable by imprisonmenta infine the custody of the Department of Corrections for not more than fiveTwo (5)Hundred yearsFifty orDollars a($250.00), fineor of not more than Fiftythirty Thousand(30) Dollarsdays ($50,000.00),in the county jail, or both.
ForThe court shall require the defendant to be assessed as to whether the defendant should participate in a firstdrug ortreatment S.program approved by the Department of Mental Health from a department-certified provider unless the court enters a written finding that a drug treatment program is inappropriate;
S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 11(ens\tb)11 secondb. offense under this item, the court shall require the defendant to participate in a drug education program approved by the Division of Alcohol and Drug Abuse of the Department of Mental Health unless the court enters a written finding that a drug education program is inappropriate.
A second offense occurring within five (5) years is punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) and not less than five (5) days nor more than six (6) months in the county jail.
The court shall require the defendant to participate in a drug treatment program approved by the Department of Mental Health from a department-certified provider for thirty (30) days with the appropriate level of care to be recommended by the certified provider unless the court enters a written finding that a drug treatment program is inappropriate;
or c.
A third or subsequent offense occurring within five (5) years shall be a felony punishable by imprisonment in the custody of the Department of Corrections for not more than five (5) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.
If two (2) or more grams or ten (10) or more dosage units, but less than ten (10) grams or twenty (20) dosage units, by imprisonment in the custody of the Department of Corrections for not more than eight (8) years or a fine of not moreS. than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.
4.
If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment in the custody of the Department of Corrections for not less than three (3) years nor more than twenty (20) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.
This subparagraph (D) shall stand repealed on July 1, 2027.
S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 12(ens\tb)12 (3)more Athan controlledTwo substanceHundred classifiedFifty inThousand ScheduleDollars III,($250,000.00), IV or Vboth. as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows:
4.
If ten (10) or more grams or twenty (20) or more dosage units, but less than thirty (30) grams or forty (40) dosage units, by imprisonment in the custody of the Department of Corrections for not less than three (3) years nor more than twenty (20) years or a fine of not more than Five Hundred Thousand Dollars ($500,000.00), or both.
This subparagraph (D) shall stand repealed on July 1, 2029.
(3) A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows:
(C) If one hundred fifty (150) or more grams or five hundred (500) or more dosage units, but less than three hundred (300) grams or one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8)S. years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.
(D) If three hundred (300) or more grams or one thousand (1,000) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.
S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 13(ens\tb)13 (d)(8) Paraphernalia.years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.
(D) If three hundred (300) or more grams or one thousand (1,000) or more dosage units, but less than five hundred (500) grams or two thousand five hundred (2,500) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years or a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.
(d) Paraphernalia.
however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of thirtyS. (30) grams or less of marijuana under subsection (c)(2)(A) of this section.
(2) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 14(ens\tb)14 store,thirty contain,(30) conceal,grams inject, ingest, inhale, or otherwiseless introduceof intomarijuana theunder humansubsection body(c)(2)(A) a controlled substance in violation of thethis Uniformsection. Controlled Substances Law.
(2) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonablyS. should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia.
Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(e) It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 15(ens\tb)15 amphetaminereasonably orshould amphetamine-likeknow, anorecticsthat and/orthe centralpurpose nervousof systemthe stimulantsadvertisement, classified in Schedulewhole II,or pursuantin topart, Sectionis 41-29-115,to forpromote the exclusivesale treatment of obesity,objects weightdesigned control or weightintended loss.for use as paraphernalia.
Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(e) It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any amphetamine or amphetamine-like anorectics and/or central nervous system stimulants classified in Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control or weight loss.
(2)S. "Trafficking in controlled substances" as used herein means:
(A) A violation of subsection (a) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids;
(B) A violation of subsection (a) of this section involving five hundred (500) or more grams or two thousand five S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 16(ens\tb)16 hundred(2) (2,500)"Trafficking orin morecontrolled dosagesubstances" unitsas ofused aherein Schedulemeans: III, IV or V controlled substance;
(A) A violation of subsection (a) of this section involving thirty (30) or more grams or forty (40) or more dosage units of a Schedule I or II controlled substance except marijuana and synthetic cannabinoids;
(B) A violation of subsection (a) of this section involving five hundred (500) or more grams or two thousand five hundred (2,500) or more dosage units of a Schedule III, IV or V controlled substance;
Any person trafficking in Schedule I or II controlled substances, except marijuana and synthetic cannabinoids, of two hundred (200) grams or more shall be guilty of aggravated trafficking and, upon conviction, shall be sentencedS. to a term of not less than twenty-five (25) years nor more than life in prison and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00).
The twenty-five-year sentence shall be a mandatory sentence and shall not be reduced or suspended.
The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding.
S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 17(ens\tb)17 (h)sentenced Sentenceto mitigation.a term of not less than twenty-five (25) years nor more than life in prison and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00).
The twenty-five-year sentence shall be a mandatory sentence and shall not be reduced or suspended.
The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding.
(h) Sentence mitigation.
and (D)S. The interests of justice are not served by the imposition of the prescribed mandatory sentence.
The court may also consider whether information and assistance were furnished to a law enforcement agency, or its designee, which, in the opinion of the trial judge, objectively should or would have aided in the arrest or prosecution of others who violate this subsection.
The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished.
S.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS PAGE 18(ens\tb)18 (2)(D) IfThe theinterests courtof reducesjustice theare prescribednot sentenceserved pursuantby tothe thisimposition subsection,of it must specify on the recordprescribed themandatory circumstancessentence. warranting the departure.
The court may also consider whether information and assistance were furnished to a law enforcement agency, or its designee, which, in the opinion of the trial judge, objectively should or would have aided in the arrest or prosecution of others who violate this subsection.
The accused shall have adequate opportunity to develop and make a record of all information and assistance so furnished.
(2) If the court reduces the prescribed sentence pursuant to this subsection, it must specify on the record the circumstances warranting the departure.
This act shall take effect and be in force from and after July 1, 2022.2025.
2347 *SS26/R920**SS26/R920PS* ~ OFFICIAL ~ 25/SS26/R92025/SS26/R920PS ST:
revise penalty for simple PAGE 19(ens\tb)19 possession of certain amounts.
Show all 106 changed rows (66 more)
View plain text versions (2)
- Current version View text Current pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Died In Committee
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Referred To Judiciary B;Accountability, Efficiency, Transparency
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Transmitted To House
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Passed As Amended
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Amended
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Title Suff Do Pass
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Referred To Judiciary, Division B
Sponsors
- Daniel H. Sparks · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 174 not signed on · 6 voted No
Sponsors (1)
- Daniel H. Sparks Republican
Co-sponsors (0)
None.
Not signed on (174)
174 members have not signed on to this bill.
Show all 174 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 12 | 0 | 0 | 1 |
| Republican | 26 | 6 | 0 | 0 |
| Unaffiliated | 5 | 1 | 0 | 0 |
| Total | 43 | 7 | 0 | 1 |
| % of votes cast | 84% | 14% | 0% | 2% |
How each member voted (51)
| Member | Party | Vote |
|---|---|---|
| Horhn | — | Yea |
| Jordan | — | Yea |
| Polk | — | Yea |
| Robinson | — | Yea |
| Turner-Ford | — | Yea |
| Parker | — | Nay |
| Albert Butler | Democrat | Yea |
| Bradford Blackmon | Democrat | Yea |
| David Blount | Democrat | Yea |
| Derrick T. Simmons | Democrat | Yea |
| Gary Brumfield | Democrat | Not Voting |
| Hillman Terome Frazier | Democrat | Yea |
| Hob Bryan | Democrat | Yea |
| Joseph Thomas | Democrat | Yea |
| Juan Barnett | Democrat | Yea |
| Reginald Jackson | Democrat | Yea |
| Rod Hickman | Democrat | Yea |
| Sarita Simmons | Democrat | Yea |
| Sollie B. Norwood | Democrat | Yea |
| Andy Berry | Republican | Yea |
| Angela Burks Hill | Republican | Nay |
| Bart Williams | Republican | Yea |
| Benjamin Suber | Republican | Yea |
| Brian Rhodes | Republican | Yea |
| Brice Wiggins | Republican | Yea |
| Briggs Hopson | Republican | Yea |
| Chad McMahan | Republican | Yea |
| Chris Johnson | Republican | Yea |
| Chuck Younger | Republican | Yea |
| Daniel H. Sparks | Republican | Yea |
| Dean Kirby | Republican | Yea |
| Dennis DeBar, Jr. | Republican | Yea |
| J. Walter Michel | Republican | Yea |
| Jason Barrett | Republican | Yea |
| Jeff Tate | Republican | Nay |
| Jeremy England | Republican | Yea |
| Joel R. Carter, Jr. | Republican | Yea |
| Joey Fillingane | Republican | Yea |
| Joseph M. Seymour | Republican | Nay |
| Josh Harkins | Republican | Yea |
| Kathy L. Chism | Republican | Nay |
| Kevin Blackwell | Republican | Yea |
| Lydia Graves Chassaniol | Republican | Yea |
| Michael McLendon | Republican | Yea |
| Mike Thompson | Republican | Yea |
| Neil S. Whaley | Republican | Nay |
| Nicole Boyd | Republican | Yea |
| Philman Ladner | Republican | Nay |
| Rita Potts Parks | Republican | Yea |
| Scott DeLano | Republican | Yea |
| Tyler McCaughn | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 2347?
- SB 2347 is sponsored by Daniel H. Sparks (Republican).
- What is the current status of SB 2347?
- This bill died with 2025 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 2347?
- Track SB 2347 free on One Click Politics — get push/email alerts when it moves.
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