Bill Text: MS SC527 | 2013 | Regular Session | Introduced
Bill Title: Constitution; prohibit pardon of certain violent crimes and revise notice requirements for other crimes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SC527 Detail]
Download: Mississippi-2013-SC527-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Constitution; Judiciary, Division B
By: Senator(s) Watson
Senate Concurrent Resolution 527
A CONCURRENT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 124, MISSISSIPPI CONSTITUTION OF 1890, TO PROVIDE THAT THE GOVERNOR CANNOT GRANT PARDONS FOR CERTAIN VIOLENT CRIMES AND REQUIRES PUBLICATION OF NOTICE FOR LESS VIOLENT CRIMES; TO PROVIDE THAT NONVIOLENT CRIMES DO NOT HAVE TO MEET NOTICE REQUIREMENTS FOR PARDONS; AND FOR RELATED PURPOSES.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI, That the following amendment to the Mississippi Constitution of 1890 is proposed to the qualified electors of the state:
Amend Section 124, Mississippi Constitution of 1890, to read as follows:
Section 124. * * * (1) The Governor shall have power
to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to
stay the collection until the end of the next session of the Legislature, and
by and with the consent of the Senate to remit forfeitures. In cases of
treason he shall have power to grant reprieves, and by and with consent of the
Senate, but may respite the sentence until the end of the next session of the
Legislature; but no pardon shall be granted before conviction * * *.
(2) In all criminal and penal cases, excepting those of treason, impeachment and the specified crimes listed in paragraph (b) of this subsection, the Governor shall have power to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to stay the collection until the end of the next session of the Legislature, and by and with the consent of the Senate to remit forfeitures. In cases of treason he shall have the power to grant reprieves, and by and with the consent of the Senate, but may respite the sentence until the end of the next session of the Legislature; but no pardon shall be granted before conviction.
(a) No person convicted of the crimes of capital murder, murder, capital rape, felony child abuse, kidnapping, or any crime under Sections 97-3-65, 97-3-95, 97-5-23, 97-5-33 or 97-5-39(2)(a) or any individual convicted as a habitual offender under Sections 99-19-81 through 99-19-87 shall be eligible to receive a pardon, reprieve or commutation.
(b) No person convicted of the crimes of aggravated assault or aggravated domestic violence, Section 97-3-54.1, armed robbery, burglary of an occupied dwelling, felonious abuse of vulnerable adults, drive-by shooting, carjacking, the sale or manufacture of a controlled substance under the Uniform Controlled Substance Laws or anyone sentenced with enhanced penalties shall be eligible for a pardon, reprieve or commutation by the Governor unless and until the following requirements have been completed:
(i) Notice to any interested party published in a newspaper in the county where the crime was committed and where the conviction occurred, and if no newspaper is published in the county, then in a newspaper in an adjoining county. The notice shall be published for thirty (30) days and shall contain the following information: date and location of crime, name of the felony committed, date and county of conviction.
(ii) The offender seeking a pardon, reprieve or commutation of sentence shall file a petition with the Governor's office and shall include in the petition a certified and authenticated copy of the notice published in the newspaper with the date of the publication and copies of the return receipts showing that a copy of the petition was mailed by certified mail return receipt requested to the victim or the victim's family representative, to the circuit court judge and the district attorney where the conviction occurred.
(c) In cases of any felony not specifically listed in paragraph (a) or (b) of this subsection, the Governor shall have the power to grant reprieves, pardons, and commutations without the consent of the Senate and without the notice requirements as set forth in paragraph (b)(i) and (ii) of this subsection.
BE IT FURTHER RESOLVED, That
this proposed amendment shall be submitted by the Secretary of State to the
qualified electors at an election to be held on the first Tuesday after the
first Monday of November * * *2012 2014, as provided by Section 273 of the
Constitution and by general law.
BE IT FURTHER RESOLVED, That the explanation of this proposed amendment for the ballot shall read as follows: "This proposed constitutional amendment provides that the Governor cannot grant pardons for certain violent crimes such as capital murder, murder, capital rape, felony child abuse and kidnapping. The amendment also provides that of certain other violent crimes cannot be pardoned until notice is published in the county where the crime was committed for thirty (30) days."
