Bill Text: MS SB2830 | 2019 | Regular Session | Introduced

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Bill Title: Crimes of violence; require jury finding to classify certain felony offenses as.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-02-05 - Died In Committee [SB2830 Detail]

Download: Mississippi-2019-SB2830-Introduced.html

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MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary, Division A

By: Senator(s) Wiggins

Senate Bill 2830

AN ACT TO AMEND SECTION 97-3-2, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE FOR CLASSIFYING CERTAIN FELONY OFFENSES AS CRIMES OF VIOLENCE; TO SPECIFY THAT THE JURY SHALL DETERMINE THE QUESTION OF WHETHER CERTAIN FELONY OFFENSES SHALL BE PROSECUTED AS CRIMES OF VIOLENCE; TO CLARIFY THAT SERVING A CERTAIN PORTION OF THE SENTENCE IMPOSED BY THE COURT DOES NOT RENDER AN OFFENDER ELIGIBLE FOR PAROLE OR EARLY RELEASE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 97-3-2, Mississippi Code of 1972, is amended as follows:

     97-3-2.  (1)  The following shall be classified as crimes of violence:

          (a)  Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);

          (b)  Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;

          (c)  Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);

          (d)  Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;

          (e)  Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);

          (f)  Kidnapping as provided in Section 97-3-53;

          (g)  Human trafficking as provided in Section 97-3-54.1;

          (h)  Poisoning as provided in Section 97-3-61;

          (i)  Rape as provided in Sections 97-3-65 and 97-3-71;

          (j)  Robbery as provided in Sections 97-3-73 and 97-3-79;

          (k)  Sexual battery as provided in Section 97-3-95;

          (l)  Drive-by shooting or bombing as provided in Section 97-3-109;

          (m)  Carjacking as provided in Section 97-3-117;

          (n)  Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;

          (o)  Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;

          (p)  Use of explosives or weapons of mass destruction as provided in Section 97-37-25;

          (q)  Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;

          (r)  Exploitation of a child as provided in Section 97-5-33;

          (s)  Gratification of lust as provided in Section 97-5-23; and

          (t)  Shooting into a dwelling as provided in Section 97-37-29.

     (2) * * *  In a  Any felony offense with a maximum sentence of * * * no less than five (5) or more years * * *, upon conviction, the judge may find and place in the sentencing order, on the record in open court, that the offense, while that is not listed in subsection (1) of this section * * *, shall may be classified as a crime of violence * * * if the facts show that the defendant used physical force, or made a credible attempt or threat of physical force against another person as part of the criminal act according to the procedures set forth in this subsection.

          (a)  The prosecuting attorney, if the defendant is charged by information, or grand jury, if an indictment is returned, must provide notice upon the information or indictment that the prosecutor may seek to classify the offense as a crime of violence.  The notice must be in a clause separate from and in addition to the substantive offense charged.  The prosecutor must advise the defendant in accordance with the Mississippi Rules of Criminal Procedure of the prosecutor's intent to seek to classify the offense as a crime of violence;

          (b)  In a separate sentencing phase, the jury is to be properly instructed on the crime of violence classification;

          (c)  In order to classify the felony offense as a crime of violence, the jury must find beyond a reasonable doubt that the defendant used physical force, made a credible attempt or threat of physical force against another person, or used a deadly weapon in the course of the commission of the felony offense charged;

          (d)  If the jury by its verdict finds that the offense shall be classified as a crime of violence, the court shall place the jury's finding in the sentencing order.

     (3)  Except as specifically provided otherwise by law, no person convicted of a crime of violence listed in this section is eligible for parole or for early release from the custody of the Department of Corrections * * * until the person has served at least fifty percent (50%) of the sentence imposed by the court.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2019.

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