76-3-207.5 - Applicability -- Effect on sentencing -- Options of offenders.
76-3-207.5. Applicability -- Effect on sentencing -- Options of offenders.
(1) (a) The sentencing option of life without parole provided in Sections 76-3-201 and76-3-207 applies only to those capital felonies for which the offender is sentenced on or afterApril 27, 1992.
(b) The sentencing option of life without parole provided in Sections 76-3-201 and76-3-207 has no effect on sentences imposed in capital cases prior to April 27, 1992.
(2) An offender, who commits a capital felony prior to April 27, 1992, but is sentencedon or after April 27, 1992, shall be given the option, prior to a sentencing hearing pursuant toSection 76-3-207, to proceed either under the law which was in effect at the time the offense wascommitted or under the additional sentencing option of life in prison without parole provided inSections 76-3-201 and 76-3-207.
Amended by Chapter 209, 2001 General Session