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MS HB981

Bill

Status

Failed

2/10/2022

Primary Sponsor

Nick Bain

Click for details

Origin

House of Representatives

2022 Regular Session

AI Summary

  • Allows any person sentenced as a habitual offender in Mississippi to file a motion to vacate, set aside, or reduce their sentence, including those currently incarcerated, on parole, probation, or civilly committed

  • Petitioners become eligible to file the motion after serving at least 20% of their sentence or 15 years, whichever is less

  • Motions must be filed in the original trial court, unless the conviction was affirmed or appeal dismissed by the Mississippi Supreme Court, in which case approval from a quorum of Supreme Court Justices is required first

  • Required motion contents include identification of the original proceedings, date of conviction and sentence, statement of claims, and a sworn statement of specific facts explaining why relief should be granted

  • Judges must promptly review all submitted materials and may order the sentence vacated, set aside, or reduced, with reasons documented in the record

Legislative Description

Habitual offenders; create procedure to have judgment or sentence reduced, vacated or set aside.

Last Action

Died On Calendar

2/10/2022

Committee Referrals

Judiciary B1/17/2022

Full Bill Text

No bill text available