Mississippi 2024 Regular Session

Mississippi Senate Bill SB2614

Introduced
2/19/24  
Refer
2/19/24  
Engrossed
3/6/24  
Refer
3/11/24  

Caption

Uniform Post-Conviction Collateral Relief Act; amend certain provisions related to the filing of motions under.

Impact

The amendments proposed by SB 2614 directly affect the ability of individuals sentenced by a court of record in Mississippi to challenge their convictions or sentences on various legal grounds. By implementing a time limitation for filing motions based on newly discovered evidence, the bill aims to reduce the backlog of pending cases, allowing courts to prioritize more current issues. However, this could restrict individuals' ability to seek justice post-conviction if new evidence arises after the one-year deadline, potentially leading to unjust outcomes for some individuals.

Summary

Senate Bill 2614 amends the Mississippi Uniform Post-Conviction Collateral Relief Act, specifically targeting provisions relating to the filing of motions for post-conviction relief. Notably, the bill establishes a one-year time limit for certain exceptions, such as intervening decisions or newly discovered evidence. Additionally, it states that the ineffectiveness or incompetence of counsel during state collateral post-conviction proceedings cannot be grounds for relief, thereby streamlining the process for addressing post-conviction issues which proponents argue enhances judicial efficiency and expedites resolution of cases.

Sentiment

The sentiment around SB 2614 is mixed. Proponents, including certain legislative members, argue that the reforms are necessary for maintaining a streamlined judicial process and for preventing unnecessary delays in the adjudication of post-conviction applications. They believe that limiting grounds for relief will lead to a more efficient administration of justice. Conversely, opponents express concern that the bill disproportionately disadvantages petitioners, as it restricts their opportunities to seek remedies for wrongful convictions or to contest the effectiveness of legal counsel, which could undermine the fairness of the post-conviction process.

Contention

Significant points of contention relate to the provisions that prevent claims of ineffective counsel from being considered in post-conviction relief applications. Critics argue that this undermines the rights of defendants, particularly those who may not have received adequate representation during their original trial or post-conviction proceedings. Additionally, concerns have been raised regarding the strict one-year limitation on filing motions for certain claims, which some fear could lead to the dismissal of legitimate cases based on the timing of evidence discoveries or legal developments.

Companion Bills

No companion bills found.

Previously Filed As

MS SB2346

Uniform Post-Conviction Collateral Relief Act; amend certain provisions related to the filing of motions under.

MS HB1445

MS Uniform Post-Conviction Collateral Relief Act; clarify that certain constitution rights are covered under.

MS SB2807

Motions for post-conviction collateral relief; revise where filed.

MS HB748

Post-Conviction Collateral Relief; require to obtain permission from Supreme Court for certain petitions.

MS HB1033

Requests for DNA testing; clarify that they are excepted from bar on second or successive motions for post-conviction relief.

MS HB945

Requests for DNA testing; clarify that they are excepted from bar on second or successive motions for post-conviction relief.

MS SB115

Post-Conviction Relief for Certain Offenders

MS S06319

Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea; repeals certain provisions relating thereto.

MS A07422

Relates to motions to vacate judgment; authorizes filing motions to vacate judgment for a conviction that was subsequently decriminalized; authorizes motions to vacate judgment to be filed at any time after entry of a judgment obtained at trial or by plea; repeals certain provisions relating thereto.

MS SB0256

AN ACT to amend Tennessee Code Annotated, Title 40, relative to post-conviction relief.

Similar Bills

MS SB2012

State highway system; include Old State Highways 6 and 9 in Pontotoc County in.

MS SB2268

State highway system; include Old State Highways 6 and 9 in Pontotoc County in.

MS SB2643

Memorial bridge, highway or road; designate various segments on the state highway system as.

MS HB1131

2024 Local Improvements Project Fund; clarify and correct names and purposes of certain.

MS SB2544

2024 Local Improvements Projects Fund; clarify and correct names and purposes of certain projects funded from.

MS HB1097

Local projects; revise provisions of project for Neshoba County General Hospital for which funds were provided.

MS HB1096

Local projects; authorize the funds provided for road projects in Town of D'Lo to be used for other streets.

MS HB1460

Local projects; authorize the funds provided for certain road projects in Prentiss County to be used for another road.