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MS HB180
Bill
Status
2/3/2015
Primary Sponsor
Mark Formby
Click for details
AI Summary
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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.
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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.
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Clarifies that the one-year filing deadline applies to post-conviction relief in capital cases.
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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.
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Effective date is July 1, 2015.
Legislative Description
Death sentence; revise time for appeals.
Last Action
Died In Committee
2/3/2015