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MS HB1361

Bill

Status

Failed

3/6/2012

Primary Sponsor

Mark Formby

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Limits post-conviction relief motions based on DNA or biological evidence to cases where the individual has been convicted of sexual assault only.

  • Amends Section 99-39-5 to require that forensic DNA testing motions and biological evidence claims must relate specifically to sexual assault convictions.

  • Modifies the definition of "biological evidence" to apply only to materials collected during investigations of sexual assault or that may be used to incriminate or exculpate a person for a sexual assault offense.

  • Amends Section 99-39-9 to require petitioners claiming DNA testing relief to specifically demonstrate that they would not have been convicted of sexual assault or would have received a lesser sentence if favorable DNA testing results had been obtained at the original prosecution.

  • Takes effect July 1, 2012.

Legislative Description

Post conviction relief; limit use of DNA or biological evidence for petitioner convicted of sexual assault.

Last Action

Died In Committee

3/6/2012

Full Bill Text

No bill text available