Bill Text: MS HB28 | 2013 | Regular Session | Enrolled
Bill Title: Crimes; revise attempt.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2013-04-23 - Approved by Governor [HB28 Detail]
Download: Mississippi-2013-HB28-Enrolled.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary A
By: Representatives Denny, Upshaw, Dixon
House Bill 28
(As Sent to Governor)
AN ACT TO AMEND SECTION 97-1-7, MISSISSIPPI CODE OF 1972, TO REVISE ATTEMPT TO COMMIT A CRIMINAL OFFENSE; TO CREATE THE OFFENSE OF ATTEMPTED MURDER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-1-7, Mississippi Code of 1972, is amended as follows:
97-1-7. (1) Every
person who shall design and endeavor to commit an offense, and shall do any
overt act toward the commission thereof, but shall fail therein, or shall be
prevented from committing the same, on conviction thereof, shall, where no
other specific provision is made by law for the punishment of * * *
the attempt, be punished * * * by imprisonment and fine for a period * * *
and for an amount not greater than is prescribed for the actual
commission of the offense so attempted.
(2) Every person who shall design and endeavor to commit an act which, if accomplished, would constitute an offense of murder under Section 97-3-19, but shall fail therein, or shall be prevented from committing the same, shall be guilty of attempted murder and, upon conviction, 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) 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, 2013.
