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MS HB788

Bill

Status

Failed

3/5/2013

Primary Sponsor

Mark Formby

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

  • Reduces the statute of limitations for filing post-conviction relief motions from three (3) years to one (1) year after direct appeal ruling or expiration of appeal period.

  • Maintains exceptions to the one-year limitation for cases involving intervening Supreme Court decisions, newly discovered evidence not reasonably available at trial, or DNA evidence that could change conviction or sentence outcome.

  • Preserves exceptions for capital cases (one-year filing deadline) and cases involving expired sentences or unlawfully revoked probation, parole, or conditional release.

  • Allows incarcerated persons, those on parole or probation, or subject to sex offender registration to file motions to vacate sentences, request forensic DNA testing, or seek out-of-time appeals based on specified constitutional violations and other grounds.

  • Takes effect July 1, 2013.

Legislative Description

Post-conviction relief; revise time limitation.

Last Action

Died In Committee

3/5/2013

Committee Referrals

Judiciary, Division A2/19/2013
Judiciary A1/21/2013

Full Bill Text

No bill text available