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MS HB981
Bill
Status
2/10/2022
Primary Sponsor
Nick Bain
Click for details
AI Summary
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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
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Petitioners become eligible to file the motion after serving at least 20% of their sentence or 15 years, whichever is less
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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
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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
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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