Senate Bill 2741

AN ACT TO AMEND SECTION 99-39-7, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT PERMISSION FROM THE SUPREME COURT OF MISSISSIPPI BE OBTAINED BEFORE A MOTION FOR POST-CONVICTION COLLATERAL RELIEF MAY BE FILED IN A TRIAL COURT IF THE DENIAL OF A PREVIOUS POST-CONVICTION MOTION HAS BEEN AFFIRMED ON APPEAL; TO REQUIRE THAT PERMISSION FROM THE SUPREME COURT OF MISSISSIPPI BE OBTAINED BEFORE A MOTION FOR POST-CONVICTION COLLATERAL RELIEF MAY BE FILED IN A TRIAL COURT WHERE MORE THAN THREE YEARS AFTER THE TIME FOR TAKING AN APPEAL FROM A JUDGMENT OR CONVICTION HAS ELAPSED; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 99-39-7, Mississippi Code of 1972, is amended as follows:

99-39-7. (1) The motion under this article shall be filed as an original civil action in the trial court, except in cases in which:

(a) The petitioner's conviction and sentence have been appealed to the Supreme Court of Mississippi and there affirmed or the appeal dismissed;

(b) The denial of a previous post-conviction motion filed by the petitioner has been appealed to the Supreme Court of Mississippi and there affirmed on appeal or the appeal dismissed; or

* * * (2) For cases described in subsection (1) of this section, 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. The procedure governing applications to the Supreme Court for leave to file a motion under this article shall be as provided in Section 99-39-27.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.