MS SB2340

Amends Section 99-19-83 to require a jury to decide whether to impose life imprisonment for violent habitual offenders, rather than making it mandatory upon conviction.

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 a separate sentencing proceeding before the trial jury or a newly impaneled jury where evidence on aggravating and mitigating circumstances may be presented by both the state and defendant.

Limits aggravating circumstances to seven specific factors including crimes committed while imprisoned, creation of great risk of death, crimes to avoid arrest, and crimes that are especially heinous or cruel.

Requires the jury to unanimously find in writing that sufficient aggravating factors exist and that mitigating circumstances do not outweigh them before imposing the enhanced sentence; takes effect July 1, 2025.