House Concurrent Resolution 70

A CONCURRENT RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION FOR THE SOLE PURPOSE OF PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO THE DOUBLE JEOPARDY CLAUSE OF THE FIFTH AMENDMENT AND REQUESTING THE LEGISLATIVE BODIES OF THE SEVERAL STATES TO APPLY TO THE CONGRESS TO CALL SUCH A CONVENTION.

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

WHEREAS, the United States Constitution provides that, on the application of the legislatures of two-thirds (2/3) of the several states, the Congress shall call a convention for the purpose of proposing an amendment or amendments to the United States Constitution, which amendment or amendments when so proposed by such a convention must be ratified by the legislatures of, or conventions in, three-fourths (3/4) of the states to become valid:

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Congress of the United States is hereby requested to call a convention pursuant to Article V of the United States Constitution for the sole purpose of proposing an amendment to the United States Constitution, which amendment shall be substantially as follows:

"ARTICLE ____

Section 1. This article may be cited as the Limitation on Double Jeopardy Clause of the Fifth Amendment.

Section 2. The applicability of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, which protects a person against a second prosecution for the same offense after acquittal or conviction and against multiple punishments for the same offense, shall not be an available defense to any person, including a law enforcement officer, who is accused of killing an unarmed person. Neither this Constitution, nor the constitution of any state, shall be construed to allow the defense of double jeopardy in such instances."

BE IT FURTHER RESOLVED, That the Congress of the United States is hereby requested to provide as the mode of ratification that said amendment shall be valid to all intents and purposes and become a part of the Constitution of the United States when ratified by the legislatures of three-fourths (3/4) of the several states.

BE IT FURTHER RESOLVED, That the Legislature of the State of Mississippi does hereby urge and request the legislative bodies of the several states to apply to the Congress of the United States to call a convention for the sole purpose of proposing this amendment to the Constitution of the United States.

BE IT FURTHER RESOLVED, That a copy of this resolution shall be transmitted to the President of the United States Senate and to the Speaker of the United States House of Representatives; to each member of the delegation of the State of Mississippi in the Congress of the United States; and to the presiding officers of each house of the legislative bodies of the several states of the Union.