MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary En Banc

By: Representative Clarke

House Bill 618

AN ACT TO AMEND SECTION 97-3-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEATH PENALTY SHALL NOT BE IMPOSED WHEN A CONVICTION IS BASED SOLELY ON CIRCUMSTANTIAL EVIDENCE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 97-3-21, Mississippi Code of 1972, is amended as follows:

     97-3-21.  Every person who shall be convicted of murder shall be sentenced by the court to imprisonment for life in the State Penitentiary. 

     Every person who shall be convicted of capital murder shall be sentenced (a) to death; (b) to imprisonment for life in the State Penitentiary without parole; or (c) to imprisonment for life in the State Penitentiary with eligibility for parole as provided in Section 47-7-3(1)(f).  The death penalty shall not be imposed when a conviction is based solely on circumstantial evidence.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.