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MS SB2346
MS SB2346Uniform Post-Conviction Collateral Relief Act; amend certain provisions related to the filing of motions under.
summary
Introduced
01/20/2025
01/20/2025
In Committee
01/20/2025
01/20/2025
Crossed Over
Passed
Dead
02/04/2025
02/04/2025
Introduced Session
2025 Regular Session
Bill Summary
An Act To Amend Section 99-39-5, Mississippi Code Of 1972, To Implement A One-year Time Limitation On The Intervening Decision And Newly Discovered Evidence Exceptions; To Provide That The Ineffectiveness Or Incompetence Of Counsel During State Collateral Post-conviction Proceedings Shall Not Be A Ground For Relief Or An Exception For Relief In A Proceeding Arising Under The Mississippi Uniform Post-conviction Collateral Relief Act; To Amend Sections 99-39-27 And 99-39-23, Mississippi Code Of 1972, To Conform; And For Related Purposes.
AI Summary
This bill amends the Mississippi Uniform Post-Conviction Collateral Relief Act to modify several key provisions related to post-conviction legal proceedings. The bill introduces a one-year time limitation on two specific exceptions to the standard three-year statute of limitations for filing post-conviction relief motions: intervening court decisions and newly discovered evidence. Specifically, for these exceptions, petitioners now have one year from either the date of an intervening court decision's mandate or the date when new evidence could have been discovered through due diligence. The bill also significantly restricts potential grounds for post-conviction relief by explicitly stating that the ineffectiveness or incompetence of counsel during state post-conviction proceedings cannot be used as a basis for seeking relief. Additionally, the bill clarifies and slightly modifies existing language around DNA testing evidence, post-conviction motion procedures, and the circumstances under which previous convictions can be challenged. These changes aim to streamline post-conviction legal processes, reduce potentially repetitive or prolonged legal challenges, and provide more definitive timelines for when inmates can seek to overturn or modify their original convictions. The amendments will take effect on July 1, 2025.
Committee Categories
Justice
Sponsors (1)
Last Action
Died In Committee (on 02/04/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://billstatus.ls.state.ms.us/2025/pdf/history/SB/SB2346.xml |
| BillText | https://billstatus.ls.state.ms.us/documents/2025/html/SB/2300-2399/SB2346IN.htm |
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