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MS SB2253
Bill
Status
Failed
1/31/2023
Primary Sponsor
Derrick Simmons
Click for details
AI Summary
- Requires a jury to determine whether life imprisonment should be imposed on violent habitual offenders, rather than making it automatic upon conviction
- If the jury declines life imprisonment, the court must impose the maximum term for the underlying felony with any applicable enhancements
- Establishes a separate sentencing proceeding where both prosecution and defense can present evidence on aggravating and mitigating circumstances
- Lists specific aggravating circumstances including: offense committed while under sentence of imprisonment, creating great risk of death, especially heinous/atrocious/cruel conduct, or offenses intended to influence government policy
- Lists mitigating circumstances including: nature/seriousness of prior offenses, defendant's age, time between offenses, mental health issues, substance abuse problems, and defendant's level of participation
- Requires jury to unanimously find in writing that aggravating factors exist and mitigating circumstances are insufficient before imposing the life sentence enhancement
Legislative Description
Violent habitual offender; require jury determination.
Last Action
Died In Committee
1/31/2023
Committee Referrals
Judiciary, Division B1/13/2023
Full Bill Text
No bill text available