Bill Text: MS HB981 | 2022 | Regular Session | Introduced
Bill Title: Habitual offenders; create procedure to have judgment or sentence reduced, vacated or set aside.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2022-02-10 - Died On Calendar [HB981 Detail]
Download: Mississippi-2022-HB981-Introduced.html
MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary B
By: Representative Bain
House Bill 981
AN ACT TO AUTHORIZE ANY PERSON SENTENCED AS A HABITUAL OFFENDER TO FILE A MOTION TO REDUCE, SET ASIDE OR VACATE A SENTENCE OR JUDGMENT; TO PROVIDE THAT SUCH PERSON MAY FILE THE MOTION IF HE OR SHE HAS SERVED A CERTAIN AMOUNT OF HIS OR HER SENTENCE; TO LIST THE INFORMATION THAT SHALL BE CONTAINED IN THE MOTION; TO AUTHORIZE A JUDGE TO VACATE, SET ASIDE OR REDUCE THE SENTENCE UPON REVIEW OF THE MOTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any person sentenced as a habitual offender under the laws of this state by any court of record of the State of Mississippi, including a person currently incarcerated, civilly committed, on parole or probation, may file a motion in the court in which the conviction was had to vacate, set aside or reduce the judgment or sentence.
(2) A motion for relief under this act shall be made if the person has served at least twenty percent (20%) or fifteen (15) years of his or her sentence, whichever is less.
(3) The motion under this act shall be filed as an original civil action in the trial court in which the conviction was had, except in cases in which the petitioner's conviction and sentence have been appealed to the Supreme Court of Mississippi and there affirmed or the appeal dismissed. Where the conviction and sentence have been affirmed on appeal or the appeal has been dismissed, the motion under this article shall not be filed in the trial court until the motion shall have first been presented to a quorum of the Justices of the Supreme Court of Mississippi, convened for said purpose either in termtime or in vacation, and an order granted allowing the filing of such motion in the trial court.
(4) A motion under this act shall contain all of the following:
(a) The identity of the proceedings in which the petitioner was convicted.
(b) The date of the entry of the judgment of conviction and sentence of which complaint is made.
(c) A concise statement of the claims or grounds upon which the motion is based.
(d) A separate statement of the specific facts which are within the personal knowledge of the petitioner and which shall be sworn to by the petitioner explaining why the petitioner should be released, have his or her sentence or judgment vacated, set aside or reduced.
(5) (a) The original motion, together with all the files, records, transcripts and correspondence relating to the judgment under attack, shall be examined promptly by the judge to whom it is assigned. The judge may make an order to vacate, set aside or reduce the judgment or sentence, and spread the reasons for such in the record.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.
