House Bill 820

AN ACT TO AMEND SECTION 97-1-7, MISSISSIPPI CODE OF 1972, TO REVISE PENALTIES FOR ATTEMPTED CAPITAL OFFENSES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-1-7, Mississippi Code of 1972, is amended as follows:

97-1-7. Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall, where no provision is made by law for the punishment of such offense, be punished as follows: If the offense attempted to be committed be capital, such offense shall be punished by imprisonment in the Penitentiary for a period not greater than the penalty prescribed for the actual commission of the offense so attempted or by a fine not greater than the fine imposed for the actual commission of the offense but in no case shall the death penalty be imposed; if the offense attempted be punishable by imprisonment in the Penitentiary, or by fine and imprisonment in the county jail, then the attempt to commit such offense shall be punished for a period or for an amount not greater than is prescribed for the actual commission of the offense so attempted.

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