House Bill 65

AN ACT TO AMEND SECTION 99-17-20, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE TO FILE NOTICE OF INTENT TO SEEK OR REJECT THE DEATH PENALTY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-17-20, Mississippi Code of 1972, is amended as follows:

99-17-20. (1) No person shall be tried for capital murder, or any other crime punishable by death as provided by law, unless such offense was specifically cited in the indictment returned against the accused by setting forth the section and subsection number of the code defining the offense alleged to have been committed by the accused. The judge, in cases where the offense cited in the indictment is punishable by death, may grant an instruction for the state or the defendant which instructs the jury as to their discretion to convict the accused of the commission of an offense not specifically set forth in the indictment returned against the accused. Any conviction of the accused for an offense punishable by death shall not be valid unless the offense for which the accused is convicted shall have been set forth in the indictment by section and subsection number of the code which defined the offense allegedly committed by the accused.

(2) The District Attorney shall provide notice of the state's intention to seek or reject imposition of the death penalty by filing a Notice of Intent to Seek the Death Penalty as soon as practicable. In no event shall the filing of such notice be later than thirty (30) days after arraignment unless, for good cause shown, the court directs otherwise. The notice of intent to seek imposition of the death penalty shall also include all of the statutory aggravating factors enumerated in Section 99-19-101(5) and the factors enumerated in Section 99-19-101(7) which the state intends to introduce during the death penalty sentencing hearing. Such notice shall be filed with the circuit clerk and forwarded to the Administrative Office of Courts. The notice of intent to seek the death penalty may be withdrawn, at the discretion of the prosecuting attorney, at any time prior to imposition of sentence.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.