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Bill > SB2821


MS SB2821

MS SB2821
Capital sexual battery; create crime of.


summary

Introduced
01/19/2026
In Committee
02/16/2026
Crossed Over
02/11/2026
Passed
Dead

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

An Act To Require A Separate Proceeding On The Issue Of A Penalty For The Crime Of Capital Sexual Battery; To Amend Section 97-3-101, Mississippi Code Of 1972, To Create The Crime Of Capital Sexual Battery; To Authorize The Death Penalty; To Provide That If The Death Penalty Is Not Imposed Under This Act, Then Life Imprisonment Without Parole Shall Be Imposed; To Amend Sections 47-7-3, 93-21-25 And 99-3-7, Mississippi Code Of 1972, To Conform; And For Related Purposes.

AI Summary

This bill establishes the crime of "capital sexual battery" in Mississippi, which applies to individuals 18 years or older who commit sexual battery against a person under 12 years old, or injure the sexual organs of such a victim during an attempted sexual battery. If convicted of this capital felony, the defendant faces a separate sentencing proceeding to determine whether they should receive the death penalty or life imprisonment without parole. The bill outlines a detailed process for this sentencing proceeding, including the presentation of aggravating factors (reasons to impose the death penalty) and mitigating circumstances (reasons to impose a lesser sentence), jury recommendations, and the judge's final decision. It also specifies that if the death penalty is not imposed, life imprisonment without parole will be the sentence. The bill amends existing laws to conform to these new provisions, including those related to parole eligibility for individuals convicted of capital offenses and the procedures for entering protection orders into a statewide registry.

Committee Categories

Justice

Sponsors (3)

Last Action

Returned For Concurrence (on 03/11/2026)

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