Read the full stored bill text
H. B. No. 1398 *HR26/R1163.1* ~ OFFICIAL ~ G1/2
26/HR26/R1163.1
PAGE 1 (GT\KW)
To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Lamar
HOUSE BILL NO. 1398
AN ACT TO CREATE THE MISSISSIPPI MASS CASUALTY THREATS 1
PREVENTION ACT; TO PROVIDE DEFINITIONS FOR THE ACT; TO CREATE THE 2
CRIMES OF "CAPITAL MASS CASUALTY THREAT" AND "MASS CASUALTY 3
THREAT"; TO REQUIRE THE DEATH PENALTY UPON CONVICTION FOR THE 4
CRIME; TO AMEND SECTION 97-3-21, MISSISSIPPI CODE OF 1972, TO 5
CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. (1) This act shall be known and may be cited as 8
the "Mississippi Mass Casualty Threats Prevention Act." 9
(2) For purposes of this act, the following words shall have 10
the meanings described in this section: 11
(a) "Criminal act" means any act that is defined as a 12
crime by state or federal law. 13
(b) "Crowd" means two (2) or more people gathered in 14
close physical proximity to each other. 15
(c) "Mass casualty act" means and includes shooting 16
firearms, use of explosive devices, release of deadly chemicals, 17
driving any motor vehicle into any crowd of people gathered with 18
the intent to injure any person in the crowd. 19
H. B. No. 1398 *HR26/R1163.1* ~ OFFICIAL ~
26/HR26/R1163.1
PAGE 2 (GT\KW)
(3) (a) A person commits the crime of "capital mass 20
casualty threat" when the person commits a mass casualty act and: 21
(i) kills or (ii) physically injures any person while such person 22
is in a crowd. Upon conviction for the crime of "capital mass 23
casualty threat", the person shall be guilty of a felony. If the 24
court shall sentence such person to the death penalty, the method 25
of the death penalty shall be by firing squad. The person shall 26
be imprisoned in the custody of the Department of Corrections 27
until the death penalty is administered. 28
(b) A person commits the crime of "mass casualty 29
threat" when the person commits a mass casualty act and: (iii) 30
attempts to kill or (iv) attempts to physically injure any person, 31
regardless of whether a person was actually injured, while such 32
person is in a crowd. Upon conviction for the crime of "mass 33
casualty threat", the person shall be guilty of a felony. 34
Failure to actually kill or injure any person shall not be a 35
defense to this crime if the criminal act could have killed or 36
injured any person in the crowd had such act been completed. 37
(4) It is not a defense to a prosecution under this section 38
that, at the time the defendant violated the provisions of this 39
act, the defendant did not have the intent or capability to 40
actually commit the specified offense, nor is it a defense that 41
the threat was not made to a person who was a subject or intended 42
victim of the threatened act. 43
H. B. No. 1398 *HR26/R1163.1* ~ OFFICIAL ~
26/HR26/R1163.1
PAGE 3 (GT\KW)
SECTION 2. Section 97-3-21, Mississippi Code of 1972, is 44
amended as follows: 45
97-3-21. (1) Except as otherwise provided for a juvenile 46
offender in subsection (2) of this section, every person who is: 47
(a) Convicted of first-degree murder shall be sentenced 48
by the court to imprisonment for life in the custody of the 49
Department of Corrections. 50
(b) Convicted of second-degree murder shall be 51
imprisoned for life in the custody of the Department of 52
Corrections if the punishment is so fixed by the jury in its 53
verdict after a separate sentencing proceeding. If the jury fails 54
to agree on fixing the penalty at imprisonment for life, the court 55
shall fix the penalty at not less than twenty (20) nor more than 56
forty (40) years in the custody of the Department of Corrections. 57
(c) Convicted of capital murder or "capital mass 58
casualty threat" shall be sentenced (i) to death; (ii) to 59
imprisonment for life in the State Penitentiary without parole; or 60
(iii) to imprisonment for life in the State Penitentiary with 61
eligibility for parole as provided in Section 47-7-3(1)(c)(iii). 62
(2) (a) For the purposes of this section, "juvenile 63
offender" means a person who had not reached the age of eighteen 64
(18) years at the time of the commission of the offense. 65
(b) A juvenile offender who is convicted of 66
first-degree murder after July 1, 2024, may be sentenced to life 67
imprisonment in the custody of the Department of Corrections if 68
H. B. No. 1398 *HR26/R1163.1* ~ OFFICIAL ~
26/HR26/R1163.1
PAGE 4 (GT\KW)
the punishment is so fixed by the jury. If the jury fails to fix 69
the penalty at life imprisonment, the court shall fix the penalty 70
at not less than twenty (20) nor more than forty (40) years in the 71
custody of the Department of Corrections. 72
(c) A juvenile offender who is convicted of capital 73
murder after July 1, 2024, may be sentenced to life imprisonment 74
in the custody of the Department of Corrections or life 75
imprisonment without eligibility for parole in the custody of the 76
Department of Corrections if the punishment is so fixed by the 77
jury. If the jury fails to fix the penalty at life imprisonment 78
or life imprisonment without parole, the court shall fix the 79
penalty at not less than twenty-five (25) nor more than fifty (50) 80
years in the custody of the Department of Corrections. 81
(d) For a juvenile offender who was convicted of 82
first-degree murder or capital murder prior to July 1, 2024, and 83
who is entitled to a hearing under this subsection, the judge who 84
presided over the trial, or a judge appointed by the senior 85
circuit judge, if the presiding judge is unavailable, shall fix 86
the penalty. 87
(e) For a juvenile offender who is convicted of a mass 88
casualty threat, the court shall sentence the youth offender to 89
life imprisonment in the custody of the Department of Corrections 90
if the punishment is so fixed by the jury. If the jury fails to 91
fix the penalty at life imprisonment, the court shall fix the 92
H. B. No. 1398 *HR26/R1163.1* ~ OFFICIAL ~
26/HR26/R1163.1
PAGE 5 (GT\KW)
ST: Mass Casualty Prevention Act; create crime
of "mass casualty".
penalty at not less than twenty (20) nor more than forty (40) 93
years in the custody of the Department of Corrections. 94
SECTION 3. This act shall take effect and be in force from 95
and after July 1, 2026. 96