Mississippi legislation · 2026 Regular Session
Mississippi HB748: Post-Conviction Collateral Relief; require to obtain permission from Supreme Court for certain petitions.
Status: Signed into law, March 17, 2026
AN ACT TO AMEND SECTION 99-39-7, MISSISSIPPI CODE OF 1972, TO REQUIRE A PERSON SEEKING TO FILE A MOTION FOR POST-CONVICTION COLLATERAL RELIEF TO OBTAIN PERMISSION FROM THE MISSISSIPPI SUPREME COURT BEFORE FILING THE MOTION IN TRIAL COURT IF A DENIAL OF A PREVIOUS POST-CONVICTION MOTION HAS BEEN AFFIRMED ON APPEAL OR MORE THAN THREE YEARS HAS ELAPSED AFTER THE TIME FOR TAKING AN APPEAL FROM A JUDGMENT OR CONVICTION; AND FOR RELATED PURPOSES.
What the bill says
An act to amend section 99-39-7, mississippi code of 1972, to require a person seeking to file a motion for post-conviction collateral relief to obtain permission from the mississippi supreme court before filing the motion in trial court if a denial of a previous post-conviction motion has been affirmed on appeal or more than three years has elapsed after the time for taking an appeal from a judgment or conviction; and for related purposes.
From the enrolled text, March 10, 2026:
AN ACT TO AMEND SECTION 99-39-7, MISSISSIPPI CODE OF 1972, TO REQUIRE A PERSON SEEKING TO FILE A MOTION FOR POST-CONVICTION COLLATERAL RELIEF TO OBTAIN PERMISSION FROM THE MISSISSIPPI SUPREME COURT BEFORE FILING THE MOTION IN TRIAL COURT IF A DENIAL OF A PREVIOUS POST-CONVICTION MOTION HAS BEEN AFFIRMED ON APPEAL OR MORE THAN THREE YEARS HAS ELAPSED AFTER THE TIME FOR TAKING AN APPEAL FROM A JUDGMENT OR CONVICTION; 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 or the appeal dismissed; or *HR31/R1427* H. B. No. 748 ~ OFFICIAL ~ G1/2 26/HR31/R1427 PAGE 1 (GT\JAB) (c) More than three (3) years after the time for taking an appeal from the judgment or conviction has elapsed. (2) Where the conviction and sentence have been affirmed on appeal or …
Sponsors
- Hood, Joey (R, 35) · primary sponsor
Latest actions
- : Approved by Governor
- : Enrolled Bill Signed
- : Returned For Enrolling
- : Passed
- : Title Suff Do Pass
- : Referred To Judiciary, Division A
- : Transmitted To Senate
- : Passed
- : Title Suff Do Pass
- : Referred To Judiciary A
Votes
- Passed (March 5, 2026): 52 yea, 0 nay, passed
- Passed (February 10, 2026): 109 yea, 8 nay, passed
Subjects: Post-Conviction Collateral Relief
Common questions
- What is HB748?
- HB748 is a bill in the Mississippi Legislature (2026 Regular Session): Post-Conviction Collateral Relief; require to obtain permission from Supreme Court for certain petitions.
- What does HB748 do?
- In its own words: An act to amend section 99-39-7, mississippi code of 1972, to require a person seeking to file a motion for post-conviction collateral relief to obtain permission from the mississippi supreme court before filing the motion in trial court if a denial of a previous post-conviction motion has been affirmed on appeal or more than three years has elapsed after the time for taking an appeal from a judgment or conviction; and for related purposes.
- What is the status of HB748?
- Signed into law as of March 17, 2026. Latest action: Approved by Governor (March 17, 2026).
- Who sponsored HB748?
- Hood, Joey (R, 35).
- Where is the official record for HB748?
- On the Mississippi Legislature website: http://billstatus.ls.state.ms.us/2026/pdf/history/HB/HB0748.xml
Source: official Mississippi record. Tracked by Delilah, AI for legislation across all 50 states and Congress.