MS HB32

Authorizes enhanced penalties for any felony or misdemeanor committed during a declared state of emergency.

Requires prosecutors to provide written notice of intent to seek enhanced penalties on the information or indictment, separate from the substantive offense charge.

Mandates a separate sentencing proceeding before a jury (or judge if jury trial is waived) to determine whether enhanced penalties apply, with no mention of enhancement during the guilt phase.

Jury must find beyond a reasonable doubt that the defendant knew of the declared state of emergency and maliciously committed the offense with specific intent during the emergency.

Allows penalties to be enhanced up to twice the authorized imprisonment term or twice the authorized fine, or both, for offenses committed during a declared state of emergency.