MS SB2465

Requires a separate jury sentencing proceeding to determine whether a habitual offender convicted of a felony with a prior crime of violence should receive life imprisonment, rather than making it mandatory.

If the jury declines to impose life imprisonment, the court shall impose the maximum term of imprisonment prescribed for the underlying felony subject to other applicable enhancements.

Establishes specific aggravating circumstances the jury may consider, including crimes committed while under sentence of imprisonment, creating great risk of death to many persons, or crimes that are especially heinous, atrocious or cruel.

Lists mitigating circumstances for jury consideration including the defendant's age, time between offenses, mental health or substance abuse problems, and the defendant's role in the offense.

Requires the 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; effective July 1, 2020.