MS SB2337

Requires a bifurcated (two-part) trial for sentencing defendants as habitual violent offenders under Mississippi Code Section 99-19-83, with guilt determined first and sentencing in a separate proceeding.

Transfers sentencing decision to a jury rather than the court, requiring the jury to unanimously determine whether to impose life imprisonment without parole or allow the court to impose the maximum term for the underlying felony.

Establishes seven specific aggravating circumstances the jury may consider, including whether the offense was committed while under sentence of imprisonment, created great risk of death to many persons, or was especially heinous, atrocious or cruel.

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

Requires the jury to unanimously find in writing that sufficient aggravating factors exist and that mitigating circumstances are insufficient to outweigh the aggravating circumstances before imposing the enhanced sentence; effective July 1, 2019.