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MS HB78

Bill

Status

Failed

2/2/2021

Primary Sponsor

Fred Shanks

Click for details

Origin

House of Representatives

2021 Regular Session

AI Summary

  • Amends Section 99-35-103 of the Mississippi Code to add a new subsection (d) allowing the state to appeal adverse rulings in criminal cases before trial or guilty plea
  • Applies only when the case involves a crime of violence as defined in Section 97-3-2 and the ruling would prevent prosecution from introducing evidence relevant to an offense element
  • Appeals must be filed in compliance with Rule 5 of the Rules of Appellate Procedure
  • Grants two effects when appeal is filed: (i) stays prosecution of the offense and (ii) tolls the statute of limitations under Section 99-17-1 for the time required to resolve the interlocutory appeal
  • Takes effect upon passage

Legislative Description

Interlocutory appeal; authorize for criminal prosecutors.

Last Action

Died In Committee

2/2/2021

Committee Referrals

Judiciary B1/7/2021

Full Bill Text

No bill text available