MS SB2259

Amends Section 99-19-83 to require a separate sentencing proceeding before a jury to determine whether a violent habitual offender should receive a life sentence, rather than imposing it automatically.

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 any applicable enhancements.

Establishes specific aggravating circumstances (7 factors) that the jury may consider, including crimes committed while under sentence, creating great risk of death, and especially heinous or atrocious offenses.

Establishes mitigating circumstances (8 factors) including nature of prior offenses, defendant's age, time between offenses, mental health or substance abuse issues, and level of participation in crimes.

Requires jury to unanimously find in writing that sufficient aggravating factors exist and that insufficient mitigating circumstances exist to outweigh the aggravating circumstances before imposing life imprisonment; takes effect July 1, 2022.