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MS SB2198

Bill

Status

Failed

3/5/2024

Primary Sponsor

Bradford Blackmon

Click for details

Origin

Senate

2024 Regular Session

AI Summary

  • Authorizes courts to set a review date at sentencing and permits courts to reduce or modify sentences upon the court's own motion or an eligible defendant's motion if the sentence is greater than necessary to achieve sentencing purposes.

  • Establishes eligibility requirements including: felony conviction with Department of Corrections custody, minimum 10-year aggregate sentence, service of at least one-third of sentence time, and exclusion of crimes of violence or offenses involving serious physical injury.

  • Requires sentencing motions be heard by the original sentencing judge or another judge from the original court if the original judge is no longer available; court shall consider rehabilitation, institutional record, age, medical condition, and educational/vocational participation.

  • Permits defendants denied relief to file a new motion three years after denial; allows appeal of right from orders denying modification; prohibits defendants from waiving eligibility for this relief as part of plea agreements.

  • Amends Section 99-39-7 to prevent filing post-conviction collateral relief motions while a sentencing modification motion is pending before a court.

Legislative Description

Criminal sentencing review; authorize and establish procedure for.

Last Action

Died In Committee

3/5/2024

Committee Referrals

Judiciary, Division B2/2/2024

Full Bill Text

No bill text available