(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 99-19-351 through 99-19-357. 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 99-19-351 through 99-19-357. 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. Laws, 2001, ch. 315, § 2, eff. 7/1/2001.
Mississippi Legal Code