MS HB1301

Creates an enhanced penalty for any felony or misdemeanor committed with sadistic intent to derive pleasure from inflicting pain or bodily harm through burning, cutting, or other physical harm.

Requires prosecutors to provide written notice on the information, indictment, or affidavit that enhanced penalty will be sought, separate from the substantive offense charge and not mentioned during guilt or innocence phase of trial.

Mandates a separate sentencing proceeding before the original trial jury (or a newly impaneled jury if the original cannot reconvene) to determine whether enhanced penalty applies; allows guilty-plea defendants to waive jury and be sentenced by judge alone.

Requires jury to find beyond a reasonable doubt that the defendant maliciously and with specific intent inflicted criminal acts with sadistic intent to derive pleasure.

Allows enhanced penalty of up to twice the imprisonment term or fine authorized by law for the underlying offense, or both, if sadistic intent is proven.

Effective July 1, 2025.