Bill Text: MS SB2223 | 2013 | Regular Session | Engrossed
Bill Title: Terrorism and champerty; add an aggravating circumstance for capital offenses and clarify prohibition.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-25 - Approved by Governor [SB2223 Detail]
Download: Mississippi-2013-SB2223-Engrossed.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary, Division A
By: Senator(s) McDaniel
Senate Bill 2223
(As Passed the Senate)
AN ACT TO AMEND SECTION 99-19-101, MISSISSIPPI CODE OF 1972, TO ADD AS AGGRAVATING FACTOR FOR CAPITAL CASES CERTAIN ACTS OF TERRORISM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-19-101, Mississippi Code of 1972, is amended as follows:
99-19-101. (1) Upon
conviction or adjudication of guilt of a defendant of capital murder or other
capital offense, the court shall conduct a separate sentencing proceeding to
determine whether the defendant should be sentenced to death, life imprisonment
without eligibility for parole, or life imprisonment. The proceeding shall be
conducted by the trial judge before the trial jury as soon as practicable. If,
through impossibility or inability, the trial jury is unable to reconvene for a
hearing on the issue of penalty, having determined the guilt of the accused,
the trial judge may summon a jury to determine the issue of the imposition of
the penalty. If the trial jury has been waived, or if the defendant pleaded
guilty, the sentencing proceeding shall be conducted before a jury impaneled
for that purpose or may be conducted before the trial judge sitting without a
jury if both the State of Mississippi and the defendant agree thereto in
writing. In the proceeding, evidence may be presented as to any matter that
the court deems relevant to sentence, and shall include matters relating to any
of the aggravating or mitigating circumstances. However, this subsection shall
not be construed to authorize the introduction of any evidence secured in
violation of the * * *
Constitution of the United States or of the State of Mississippi. The
state and the defendant and * * * the defendant's counsel shall be
permitted to present arguments for or against the sentence of death.
(2) After hearing all the evidence, the jury shall deliberate on the following matters:
(a) Whether sufficient factors exist as enumerated in subsection (7) of this section;
(b) Whether sufficient aggravating circumstances exist as enumerated in subsection (5) of this section;
(c) Whether sufficient mitigating circumstances exist as enumerated in subsection (6) of this section, which outweigh the aggravating circumstances found to exist; and
(d) Based on these considerations, whether the defendant should be sentenced to life imprisonment, life imprisonment without eligibility for parole, or death.
(3) For the jury to impose a sentence of death, it must unanimously find in writing the following:
(a) That sufficient factors exist as enumerated in subsection (7) of this section;
(b) That sufficient aggravating circumstances exist as enumerated in subsection (5) of this section; and
(c) That there are insufficient mitigating circumstances, as enumerated in subsection (6), to outweigh the aggravating circumstances.
In each case in which the jury imposes the death sentence, the determination of the jury shall be supported by specific written findings of fact based upon the circumstances in subsections (5) and (6) of this section and upon the records of the trial and the sentencing proceedings. If, after the trial of the penalty phase, the jury does not make the findings requiring the death sentence or life imprisonment without eligibility for parole, or is unable to reach a decision, the court shall impose a sentence of life imprisonment.
(4) The judgment of
conviction and sentence of death shall be subject to automatic review by the
Supreme Court of Mississippi within sixty (60) days after certification by the
sentencing court of the entire record, unless the time is extended for
an additional period by the Supreme Court for good cause shown. * * * The review by the Supreme Court
shall have priority over all other cases and shall be heard in accordance with
rules promulgated by the Supreme Court.
(5) Aggravating circumstances shall be limited to the following:
(a) The capital offense was committed by a person under sentence of imprisonment.
(b) The defendant was previously convicted of another capital offense or of a felony involving the use or threat of violence to the person.
(c) The defendant knowingly created a great risk of death to many persons.
(d) The capital
offense was committed while the defendant was engaged, or was an accomplice, in
the commission of, or an attempt to commit, or flight after committing or
attempting to commit, any robbery, rape, arson, burglary, kidnapping, aircraft
piracy, sexual battery, unnatural intercourse with any child under the age of
twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious
abuse * * *
or battery of a child in violation of subsection (2) of Section 97-5-39 * * *, or the unlawful use
or detonation of a bomb or explosive device.
(e) The capital offense was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from custody.
(f) The capital offense was committed for pecuniary gain.
(g) The capital offense was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws.
(h) The capital offense was committed to influence the policy of a governmental entity by intimidation or coercion, or to affect the conduct of a governmental entity by mass destruction or assassination.
( * * *i) The capital offense was especially
heinous, atrocious or cruel.
(j) The capital offense was committed to intimidate or coerce a civilian population.
(6) Mitigating circumstances shall be the following:
(a) The defendant has no significant history of prior criminal activity.
(b) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance.
(c) The victim was a participant in the defendant's conduct or consented to the act.
(d) The defendant was an accomplice in the capital offense committed by another person and his participation was relatively minor.
(e) The defendant acted under extreme duress or under the substantial domination of another person.
(f) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired.
(g) The age of the defendant at the time of the crime.
(7) In order to return and impose a sentence of death the jury must make a written finding of one or more of the following:
(a) The defendant actually killed;
(b) The defendant attempted to kill;
(c) The defendant intended that a killing take place;
(d) The defendant contemplated that lethal force would be employed.
(8) For the purposes of this section, to "intimidate" or "coerce" do not include peaceful picketing, boycotts or other nonviolent action.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013, and shall stand repealed on June 30, 2013.
