MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Constitution

By: Representative Stribling

A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO THE MISSISSIPPI CONSTITUTION OF 1890, BY CREATING A NEW SECTION TO AUTHORIZE VICTIMS OF CRIME, PROSECUTING ATTORNEYS AND LAW ENFORCEMENT OFFICERS TO APPEAL JUDICIAL SENTENCES IMPOSED UPON CRIMINAL OFFENDERS WHOSE CRIMINAL CONDUCT RESULTED IN PERSONAL INJURY, DEATH OR PROPERTY DAMAGE; 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 the Mississippi Constitution of 1890, by creating a new section to read as follows:

"SECTION ____. Following sentencing of a person convicted in a trial court of this state for a criminal offense that has resulted in the personal injury, death or property damage of another person, the person suffering such injury or damage, or the heirs or personal representative of any such deceased person, may appeal the sentence imposed by the court. Such sentence also may be appealed by any prosecutor directly involved with prosecution of the offender or any law enforcement officer directly involved in apprehension of the offender. The Legislature shall enact such legislation as may be necessary to implement the provisions of this section."

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 1997, 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 authorizes victims of crime, prosecuting attorneys and law enforcement officers to appeal judicial sentences imposed upon criminal offenders whose criminal conduct resulted in personal injury, death or property damage."