MS HB365

Creates distinct offenses of first degree murder and second degree murder under Mississippi Code Section 97-3-19, with first degree murder applying to killings with deliberate design to effect death or committed during certain dangerous felonies, and second degree murder applying to killings during dangerous acts evincing a depraved heart without premeditated design.

Establishes sentencing for first degree murder as life imprisonment in the State Penitentiary.

Establishes sentencing for second degree murder as life imprisonment if fixed by jury verdict, or 20 to 40 years imprisonment if the jury cannot agree on life imprisonment.

Maintains capital murder provisions under Section 97-3-19(2) with penalties of death, life imprisonment without parole, or life imprisonment with parole eligibility.

Clarifies that murder indictments serve as notice that lesser included offenses, including manslaughter, may be included in the charges.