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MS SB2466
Bill
AI Summary
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Amends Section 99-19-83 to require a bifurcated (separate) sentencing proceeding before a jury to impose life imprisonment on habitual violent offenders.
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Jury must unanimously find in writing that sufficient aggravating factors exist and that mitigating circumstances do not outweigh them before imposing enhanced sentence.
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Limits aggravating circumstances to seven specific factors including crimes committed under sentence of imprisonment, creating great risk of death, avoiding arrest, or especially heinous/atrocious/cruel offenses.
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Establishes mitigating circumstances including 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 crimes.
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If jury declines to apply the enhancement, court must impose the maximum term of imprisonment for the underlying felony; effective July 1, 2020.
Legislative Description
Violent habitual offender; require bifurcated trial.
Last Action
Died In Committee
3/3/2020