MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Judiciary

By: Senator(s) Kirby

AN ACT TO PRESCRIBE AN ADDITIONAL TERM OF PUNISHMENT FOR FELONS WHO USE FIREARMS IN THE COMMISSION OF THEIR CRIMES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) For the purposes of this section, "firearm" means any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive.

(b) The provisions of this section shall apply to the following felonies:

(i) Murder, as defined in Section 97-3-19;

(ii) Mayhem, as defined in Section 97-3-59;

(iii) Kidnapping, as defined in Section 97-3-53;

(iv) Robbery, as defined in Section 97-3-73;

(v) Carjacking, as defined in Section 97-3-117;

(vi) Aggravated assault, as defined in Section 97-3-7;

(vii) Rape, as defined in Section 97-3-65;

(viii) Sexual battery, as defined in Section 97-3-95;

(ix) Unnatural intercourse, as defined in Section 97-29-59;

(x) Gratification of lust, as defined in Section 97-5-23;

(xi) Any felony punishable by death or imprisonment in the state penitentiary for life; and

(xii) Any attempt to commit one or more of the crimes listed in this paragraph (b).

(2) Notwithstanding any other provision of law, any person who is convicted of a felony specified in subsection (1) of this section, and who carried, displayed, brandished, or threatened with a firearm during the commission of that felony, shall be punished by a term of imprisonment of ten (10) years in the state penitentiary, which shall be imposed in addition and consecutively to the punishment prescribed for that felony. The firearm need not be operable or loaded for this enhancement to apply.

(3) Notwithstanding any other provision of law, any person who is convicted of a felony specified in subsection (1) of this section, and who in the commission of that felony intentionally and personally discharged a firearm, shall be punished by a term of imprisonment of twenty (20) years in the state penitentiary, which shall be imposed in addition and consecutively to the punishment prescribed for that felony.

(4) Notwithstanding any other provision of law, any person who is convicted of a felony specified in subsection (1) of this section, and who in the commission of that felony intentionally and personally discharged a firearm and proximately caused bodily injury to any person other than an accomplice, shall be punished by a term of imprisonment of twenty-five (25) years to life in the state penitentiary, which shall be imposed in addition and consecutively to the punishment prescribed for that felony.

(5) For enhancement of the penalty for a felony offense to apply, the prosecuting attorney if the defendant is charged by information, or grand jury if an indictment is returned, shall provide notice upon the information or indictment that the prosecutor will seek the enhanced penalty provided in this section. The notice shall be in a clause separate from and in addition to the substantive offense charged and shall not be considered as an element of the offense charged. There shall be no mention in the guilt or innocence phase of the trial or in any documents or evidence seen by the jury that an enhanced penalty may be sought. For the penalties in this section to apply, the existence of any required fact shall be either admitted by the defendant in open court or found to be true by the trier of fact.

(6) Only one (1) additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment.

(7) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, any person found to come within the provisions of this section.

(8) The enhancements specified in this section shall not apply to the lawful use or discharge of a firearm by a law enforcement officer, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.