2002 Regular Session
To: Judiciary B
By: Representative Frierson
AN ACT TO PROVIDE THAT A HOMICIDE PLEA OR CONVICTION OF A DEFENDANT OF AGGRAVATED ASSAULT DOES NOT BAR PROSECUTION FOR CAPITAL MURDER, MURDER OR MANSLAUGHTER IF THE VICTIM IS IN A MEDICAL COMA AND DIES SUBSEQUENTLY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. In any case where a victim is in a coma as a result of injuries suffered in an aggravated assault, the conviction or guilty plea of the defendant to aggravated assault shall not bar the subsequent prosecution of the defendant for the capital murder, murder, homicide under the implied consent law or manslaughter of the victim of the aggravated assault in the event the victim dies as a result of injuries suffered in the aggravated assault. The defendant shall be given credit for any time served for the aggravated assault sentence with respect to the defendant's subsequent murder, vehicular homicide under the implied consent law or manslaughter sentence.
SECTION 2. This act shall take effect and be in force from and after July 1, 2002.