MS SB2315

Requires a separate jury sentencing proceeding to determine whether a habitual offender with two prior felony convictions (one being a crime of violence) receives life imprisonment, rather than mandatory life sentences.

If the jury declines to impose life imprisonment, the court must sentence the defendant to the maximum term prescribed for the underlying felony, subject to applicable enhancements.

Limits aggravating circumstances to seven specific factors including crimes committed while under sentence, creating great risk of death to many persons, committing crimes to avoid arrest or escape custody, and crimes that are especially heinous or atrocious.

Requires consideration of mitigating circumstances including defendant's age, time between offenses, mental health or substance abuse issues, and level of participation in the offense.

Requires jury to unanimously find in writing that sufficient aggravating factors exist and that mitigating circumstances are insufficient to outweigh them before imposing an enhanced sentence.

Takes effect July 1, 2019.