MS SB2125

Amends sentencing requirements for violent habitual offenders with two prior felony convictions by requiring a jury to determine whether life imprisonment should be imposed rather than making it mandatory.

If the jury declines to sentence a defendant to life imprisonment, the court must impose the maximum term of imprisonment prescribed for the underlying felony instead.

Establishes a separate sentencing proceeding before a jury (or judge if both parties agree) where evidence on aggravating and mitigating circumstances must be presented.

Limits aggravating circumstances to seven specific factors including crimes committed while under sentence, crimes creating great risk of death, crimes to prevent arrest, and especially heinous or cruel offenses.

Requires the jury to unanimously find in writing that sufficient aggravating factors exist and that mitigating circumstances (including defendant's age, time between offenses, mental health, and substance abuse issues) do not outweigh the aggravating circumstances.