MISSISSIPPI LEGISLATURE

2002 Regular Session

To: Judiciary

By: Senator(s) Stogner

Senate Bill 2484

AN ACT TO PROVIDE THAT THE PLEA OR CONVICTION OF A DEFENDANT FOR AGGRAVATED ASSAULT DOES NOT BAR SUBSEQUENT PROSECUTION UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  In any case in which a victim is in a coma as a result of injuries suffered from an aggravated assault, the conviction or guilty plea of the defendant of or to aggravated assault shall not bar the subsequent prosecution of the defendant for capital murder, murder, homicide under the implied consent law, or manslaughter in the event the victim dies subsequent to that plea or conviction 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 any subsequent conviction arising from that death.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2002.