Bill Text: MS SB2268 | 2016 | Regular Session | Introduced
Bill Title: Homicide; clarify lesser included offenses.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-23 - Died In Committee [SB2268 Detail]
Download: Mississippi-2016-SB2268-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division A
By: Senator(s) Wiggins
Senate Bill 2268
AN ACT TO AMEND SECTION 99-7-37, MISSISSIPPI CODE OF 1972, TO CLARIFY THE LESSER INCLUDED OFFENSES FOR THE HOMICIDES OF FIRST- AND SECOND-DEGREE MURDER AND CAPITAL MURDER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-7-37, Mississippi Code of 1972, is amended as follows:
99-7-37. (1) In an indictment for homicide it shall not be necessary to set forth the manner in which or the means by which the death of the deceased was caused, but it shall be sufficient to charge in an indictment for murder, that the defendant did feloniously, willfully, and of his malice aforethought, kill and murder the deceased. It shall be sufficient, in an indictment for manslaughter, to charge that the defendant did feloniously kill and slay the deceased, concluding in all cases as required by the Constitution of this state.
(2) An indictment for capital
murder shall be sufficient to charge the lesser offense of first-degree murder,
an indictment for first-degree murder or capital murder shall be sufficient
to also charge the lesser offense of second-degree murder or manslaughter,
and an indictment for second-degree murder shall be sufficient to charge the
lesser offense of manslaughter without a specific allegation of * * * the lesser crime or crimes
and without any necessity for an additional count charging * * * a lesser crime.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
