Bill Text: MS SB2573 | 2017 | Regular Session | Introduced
Bill Title: Juvenile offenders; provide alternative sentencing options.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [SB2573 Detail]
Download: Mississippi-2017-SB2573-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division B; Corrections
By: Senator(s) DeBar
Senate Bill 2573
AN ACT TO AMEND SECTION 97-3-21, MISSISSIPPI CODE OF 1972, TO PROVIDE ALTERNATIVE SENTENCING OPTIONS FOR JUVENILE OFFENDERS IN CERTAIN MURDER CONVICTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-3-21, Mississippi Code of 1972, is amended as follows:
97-3-21. (1) (a) Except as otherwise provided in paragraph (b) of this subsection for a juvenile offender, every person who shall be convicted of first-degree murder shall be sentenced by the court to imprisonment for life in the custody of the Department of Corrections.
(b) Every juvenile offender who shall be convicted of first-degree murder may be sentenced to life imprisonment in the custody of the Department of Corrections if the punishment is so fixed by jury after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at life imprisonment, the court shall fix the penalty at not less than twenty-five (25) nor more than fifty (50) years in the custody of the Department of Corrections.
(2) Every person who shall be convicted of second-degree murder shall be imprisoned for life in the custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than twenty (20) nor more than forty (40) years in the custody of the Department of Corrections.
(3) (a) Except as
otherwise provided in paragraph (b) of this subsection for a juvenile offender,
every person who shall be convicted of capital murder shall be sentenced( * * *i) to death;( * * *ii) to imprisonment for life in the
State Penitentiary without parole; or (iii)
to imprisonment for life in the State Penitentiary with eligibility for parole
as provided in Section 47-7-3(1)(f).
(b) Every juvenile offender who shall be convicted of capital murder may be sentenced to life imprisonment in the custody of the Department of Corrections if the punishment is so fixed by jury after a separate sentencing proceeding. If the jury fails to agree on fixing the penalty at life imprisonment, the court shall fix the penalty at not less than twenty-five (25) nor more than fifty (50) years in the custody of the Department of Corrections.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.
