MS SB2054

Allows criminal penalties to be enhanced for any felony or misdemeanor committed by a law enforcement officer (including part-time, trainee, reserve, volunteer, or federal officers) who abuses power under color of state authority.

Requires prosecutors to provide separate written notice on the information or indictment that enhanced penalties will be sought; notice cannot be mentioned during the guilt phase of trial or shown to the jury determining guilt.

Establishes a separate sentencing proceeding before a jury (or judge if jury trial is waived) to determine whether enhanced penalties apply, with evidence presented as to sentence-related matters.

Allows doubled sentences or fines if the factfinder proves beyond a reasonable doubt that the defendant maliciously and with specific intent abused power against the victim under color of state authority.

Penalties may be enhanced by imprisonment of up to twice the authorized term, a fine of up to twice the authorized amount, or both for the underlying offense.