MS HB1381

Requires a jury to hold a separate sentencing proceeding to decide whether to apply the habitual offender enhancement that results in life imprisonment without parole.

If the jury declines to apply the enhancement, the court must impose the maximum term of imprisonment for the underlying felony instead of life imprisonment.

Establishes specific aggravating circumstances the jury may consider, including whether the offense was committed by someone under sentence of imprisonment, created great risk of death, or was especially heinous or atrocious.

Lists mitigating circumstances for jury consideration, including the nature and seriousness of prior and current offenses, defendant's age, time between offenses, mental health or substance abuse issues, and level of participation in the crimes.

Requires unanimous jury agreement in writing that aggravating factors exist and mitigating circumstances are insufficient before imposing the life imprisonment enhancement; effective July 1, 2017.