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MS HB180

Bill

Status

Failed

2/3/2015

Primary Sponsor

Mark Formby

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Reduces the time limit for filing motions to vacate, set aside, or correct judgments or sentences from three (3) years to one (1) year after direct appeal is ruled upon or after the time for appeal expires.

  • Maintains exceptions to the one-year statute of limitations for cases with intervening Supreme Court decisions, newly discovered evidence not reasonably discoverable at trial, or untested biological evidence that could affect conviction or sentencing.

  • Clarifies that the one-year filing deadline applies to post-conviction relief in capital cases.

  • Defines "biological evidence" to include sexual assault examination kits and any material containing blood, semen, hair, saliva, skin tissue, or other identifiable biological material collected during criminal investigation.

  • Effective date is July 1, 2015.

Legislative Description

Death sentence; revise time for appeals.

Last Action

Died In Committee

2/3/2015

Committee Referrals

Judiciary A1/12/2015

Full Bill Text

No bill text available