Bill Text: MS HB868 | 2012 | Regular Session | Introduced
Bill Title: Manslaughter; differentiate between voluntary and involuntary.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB868 Detail]
Download: Mississippi-2012-HB868-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary B
By: Representative Baria
House Bill 868
AN ACT TO AMEND SECTIONS 97-3-25, 97-3-35 AND 97-3-47, MISSISSIPPI CODE OF 1972, TO DIFFERENTIATE BETWEEN VOLUNTARY AND INVOLUNTARY MANSLAUGHTER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-3-25, Mississippi Code of 1972, is amended as follows:
97-3-25. (1) Any person convicted of a violation of Section 97-3-27, 97-3-29, 97-3-35(1) or 97-3-47(1) shall be guilty of voluntary manslaughter.
(2) Any person convicted of a violation of Section 97-3-31, 97-3-33, 97-3-35(2), 97-3-39, 97-3-41, 97-3-43, 97-3-45 or 97-3-47(2) shall be guilty of involuntary manslaughter.
(3) Voluntary manslaughter shall be punished by imprisonment in the Penitentiary for not less than five (5) years nor more than forty (40) years and by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Twenty Thousand Dollars ($20,000.00).
(4) Involuntary manslaughter shall be punished by imprisonment in the Penitentiary for not less than two (2) years nor more than twenty (20) years and by a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00).
SECTION 2. Section 97-3-35, Mississippi Code of 1972, is amended as follows:
97-3-35. (1) The intentional killing of a human being, without malice, in the heat of passion, but in a cruel or unusual manner, or by the use of a dangerous weapon, without authority of law, and not in necessary self-defense, shall be voluntary manslaughter.
(2) The accidental or negligent killing of a human being, without malice, in the heat of passion, but in a cruel or unusual manner, or by the use of a dangerous weapon, without authority of law, and not in necessary self-defense, shall be involuntary manslaughter.
SECTION 3. Section 97-3-47, Mississippi Code of 1972, is amended as follows:
97-3-47. (1) Every other killing of a human being, by the intentional act or procurement * * * of another, and without authority of law, not provided for in this title, shall be voluntary manslaughter.
(2) Every other killing of a human being, by the unintentional or accidental act, procurement, or culpable negligence of another, and without authority of law, not provided for in this title, shall be involuntary manslaughter.
SECTION 4. This act shall take effect and be in force from and after July 1, 2012.
