House Concurrent Resolution 45

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE DEFENSE OF DOUBLE JEOPARDY, WHICH PROTECTS A PERSON AGAINST A SECOND PROSECUTION FOR THE SAME OFFENSE AFTER ACQUITTAL OR CONVICTION AND AGAINST MULTIPLE PUNISHMENTS FOR THE SAME OFFENSE, SHALL NOT BE AN AVAILABLE DEFENSE TO ANY PERSON WHO IS ACCUSED OF KILLING AN UNARMED PERSON; AND FOR RELATED PURPOSES.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:

Amend Section 22, Mississippi Constitution of 1890, to read as follows:

"Section 22. (1) Except as otherwise provided in subsection (2) of this section, no person's life or liberty shall be twice placed in jeopardy for the same offense; but there must be an actual acquittal or conviction on the merits to bar another prosecution.

(2) The defense of double jeopardy, which protects a person against a second prosecution for the same offense after acquittal or conviction and against multiple punishments for the same offense, shall not be an available defense to any person, including a law enforcement officer, who is accused of killing an unarmed person. Nothing in this Constitution shall be construed to allow the defense of double jeopardy in such instances."

BE IT FURTHER RESOLVED, That this proposed amendment shall be submitted by the Secretary of State to the qualified electors at an election to be held on the first Tuesday after the first Monday of November 2016, as provided by Section 273 of the Constitution and by general law.

BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that the defense of double jeopardy, which protects a person against a second prosecution for the same offense after acquittal or conviction and against multiple punishments for the same offense, shall not be an available defense to any person who is accused of killing an unarmed person."