MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Judiciary A

By: Representatives Denny, Upshaw, Dixon

House Bill 28

(As Passed the House)

AN ACT TO AMEND SECTION 97-1-7, MISSISSIPPI CODE OF 1972, TO REVISE ATTEMPT TO COMMIT A CRIMINAL OFFENSE; TO CREATE THE OFFENSE OF ATTEMPTED MURDER; 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.  (1)  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 other specific provision is made by law for the punishment of * * * such offensethe attempt, be punished * * * as follows:  If the offense attempted to be committed be capital, such offense shall be punished by imprisonment in the Penitentiary not exceeding ten (10) years; 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 * * * orand for an amount not greater than is prescribed for the actual commission of the offense so attempted.

(2)  Every person who shall design and endeavor to commit an act which, if accomplished, would constitute an offense of murder under Section 97-3-19, but shall fail therein, or shall be prevented from committing the same, shall be guilty of attempted murder and, upon conviction, shall be punished by imprisonment in the custody of the Department of Corrections for not less than twenty (20) years or for life, in the discretion of the court.

SECTION 2.  This act shall take effect and be in force from and after July 1, 2013.

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