Bill > HB1033

This bill clarifies and expands the circumstances under which a person convicted of a crime can file a second or successive post-conviction motion, specifically focusing on DNA testing requests. Under current Mississippi law, individuals are generally barred from filing multiple post-conviction motions, but this bill creates additional exceptions related to DNA evidence. The bill allows a petitioner to file a new motion if: (1) there is biological evidence that was not previously tested, (2) previously tested evidence can be subjected to more advanced DNA testing, or (3) the new DNA testing would provide a reasonable probability of showing the petitioner would not have been convicted or would have received a lesser sentence. The legislation amends sections of the Mississippi Code to explicitly state that DNA testing requests are an exception to the prohibition on second or successive post-conviction motions. This means that even if a person has already filed a post-conviction motion, they can still seek DNA testing if they can demonstrate the potential for new, more probative results that could impact their conviction. The bill defines biological evidence broadly, including items like sexual assault kits, bodily fluids, hair, and other materials collected during a criminal investigation. The changes will take effect on July 1, 2025, providing a pathway for convicted individuals to potentially challenge their convictions through advanced forensic DNA testing.

Justice

https://billstatus.ls.state.ms.us/2025/pdf/history/HB/HB1033.xml