Bill Text: MS SB2054 | 2024 | Regular Session | Introduced
Bill Title: Criminal enhancement; provide where law enforcement officer abuses power under guise of state authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2054 Detail]
Download: Mississippi-2024-SB2054-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division B
By: Senator(s) Barnett
Senate Bill 2054
AN ACT TO PROVIDE AN ENHANCED CRIMINAL PENALTY WHERE A LAW ENFORCEMENT OFFICER COMMITS AN ABUSE OF POWER UNDER THE GUISE OF STATE AUTHORITY; TO PROVIDE A PROCEDURE FOR THE ENHANCEMENT OF A CRIMINAL PENALTY; TO PROVIDE THAT WHERE A LAW ENFORCEMENT OFFICER COMMITS AN ABUSE OF POWER UNDER THE GUISE OF STATE AUTHORITY, THE PENALTY FOR THE OFFENSE MAY BE ENHANCED BY PUNISHMENT FOR A TERM OF IMPRISONMENT OF UP TO TWICE THAT AUTHORIZED BY LAW FOR THE OFFENSE COMMITTED, A FINE OF UP TO TWICE THAT AUTHORIZED BY LAW FOR THE OFFENSE COMMITTED, OR BOTH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The penalty for any felony or misdemeanor shall be subject to enhancement as provided in Sections 1 through 4 of this act if the felony or misdemeanor was an abuse of power by a law enforcement officer against a victim while acting under the guise of state authority.
(2) As used in Sections 1 through 4 of this act, "law enforcement officer" means any law enforcement officer, part-time law enforcement officer or law enforcement trainee as defined in Section 45-6-3, as well as any reserve or volunteer law enforcement officer and any federal law enforcement officer or employee whose permanent duties include making arrests, performing search and seizures, execution of criminal arrest warrants, execution of civil seizure warrants, or the care, custody, control or supervision of inmates.
SECTION 2. (1) For enhancement of the penalty for a felony offense to apply, the prosecuting attorney if the defendant is charged by information, or grand jury if an indictment is returned, shall provide notice upon the information or indictment that the prosecutor will seek the enhanced penalty provided in Sections 1 through 4 of this act. The notice shall be in a clause separate from and in addition to the substantive offense charged and shall not be considered as an element of the offense charged.
(2) For enhancement of the penalty for a misdemeanor to apply, the affiant, the prosecuting attorney if the defendant is charged by information, or grand jury if an indictment is returned, shall provide written notice that the enhanced penalty will be sought as provided in Sections 1 through 4 of this act. The notice shall be in a clause separate from and in addition to the substantive offense charge and shall not be considered as an element of the offense charged.
(3) There shall be no mention in the guilt or innocence phase of the trial or in any documents or evidence seen by the jury that an enhanced penalty may be sought.
SECTION 3. (1) Upon conviction or adjudication of guilt of a defendant where notice has been duly given that an enhanced penalty will be sought as provided in Sections 1 through 4 of this act, the court shall conduct a separate sentencing proceeding to determine the sentence. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge shall summon a jury to determine whether an enhanced penalty should be imposed. If trial by jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose. Provided, however, that if the defendant enters a plea of guilty and waives trial by jury for the sentencing proceeding, the sentencing proceeding shall be conducted before the trial judge sitting without a jury. In the proceeding, evidence may be presented as to any matter that the court deems relevant to the sentence. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of the State of Mississippi. The state and the defendant or his counsel or both defendant and counsel shall be permitted to present arguments for or against any sentence sought.
(2) In order to impose an enhanced penalty under the provisions of Sections 1 through 4 of this act, the factfinder must find beyond a reasonable doubt:
(a) That the defendant maliciously and with specific intent abused his or her power against the victim; and
(b) That the defendant's offense against the victim was committed under the guise of state authority.
SECTION 4. If it is found beyond a reasonable doubt the defendant maliciously and with specific intent abused his or her power against the victim and that the defendant's offense against the victim was committed under the guise of state authority, then the penalty for the offense may be enhanced by punishment for a term of imprisonment of up to twice that authorized by law for the offense committed, or a fine of up to twice that authorized by law for the offense committed, or both.
SECTION 5. This act shall take effect and be in force from and after its passage.
