Persons wrongfully sentenced; allow compensation for in same manner as persons wrongfully convicted.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Taylor

HOUSE BILL NO. 1518

AN ACT TO CREATE NEW SECTIONS 11-44-4 AND 11-44-8, 1
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WRONGFULLY 2
SENTENCED BEYOND THE MAXIMUM SENTENCE AUTHORIZED BY LAW FOR A 3
FELONY SHALL BE COMPENSATED IN THE SAME MANNER AS A PERSON WHO WAS 4
WRONGFULLY CONVICTED OF A FELONY; TO AMEND SECTIONS 11-44-1, 5
11-44-5, 11-44-7 AND 11-44-9, MISSISSIPPI CODE OF 1972, TO CONFORM 6
TO THE PROVISIONS OF THIS ACT; TO BRING FORWARD SECTIONS 11-44-3, 7
11-44-11, 11-44-13 AND 11-44-15, MISSISSIPPI CODE OF 1972, FOR THE 8
PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 11-44-1, Mississippi Code of 1972, is 11
amended as follows: 12
11-44-1. (1) The Legislature finds that innocent persons 13
who have been wrongly convicted of felony crimes and subsequently 14
imprisoned have been uniquely victimized, have distinct problems 15
reentering society, and should be compensated. In light of the 16
particular and substantial horror of being imprisoned for a crime 17
one did not commit, the Legislature intends by enactment of the 18
provisions of this chapter that innocent people who are wrongfully 19
convicted be able to receive monetary compensation. 20
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(2) The Legislature finds that persons who have been 21
wrongfully sentenced and imprisoned for a term that exceeds the 22
maximum authorized by law are similarly owed compensation. Thus, 23
the Legislature intends by enactment of the provisions of this 24
chapter that such persons be able to receive monetary compensation 25
in the same manner as a person who was wrongfully convicted as 26
provided by subsection (1) of this section. 27
SECTION 2. Section 11-44-3, Mississippi Code of 1972, is 28
brought forward as follows: 29
11-44-3. (1) In order to present an actionable claim for 30
wrongful conviction and imprisonment under this chapter, a 31
claimant must establish by documentary evidence that: 32
(a) The claimant has been convicted of one or more 33
felonies and subsequently sentenced to a term of imprisonment and 34
has served all or any part of the sentence; 35
(b) On grounds not inconsistent with innocence: 36
(i) The claimant was pardoned for the felony or 37
felonies for which sentenced and which are the grounds for the 38
complaint and the pardon is based on the innocence of the claimant 39
which must be affirmatively stated in the pardon; or 40
(ii) The judgment of conviction was vacated and/or 41
reversed; 42
(c) If there was a vacatur or reversal, either the 43
accusatory instrument was dismissed or nol prossed; or if a new 44
trial was held, the defendant was found not guilty; 45
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(d) The claimant's claim is not time-barred by the 46
provisions of this chapter; and 47
(e) The claimant did not intentionally waive any 48
appellate or post-conviction remedy otherwise available in order 49
to benefit under this chapter. 50
(2) The claim shall be verified by the claimant. 51
(3) If the court finds after reading the claim that the 52
claimant has not demonstrated the foregoing, it shall dismiss the 53
claim, either on its own motion or on the state's motion. This 54
dismissal shall be without prejudice to allow adequate refiling 55
within ninety (90) days. 56
SECTION 3. The following shall be codified as Section 57
11-44-4, Mississippi Code of 1972: 58
11-44-4. (1) In order to present an actionable claim for 59
wrongful sentencing under this chapter, a claimant must establish 60
by documentary evidence that: 61
(a) The claimant has been convicted of one or more 62
felonies and subsequently sentenced to a term of imprisonment that 63
exceeds the maximum authorized by law and has served all or any 64
part of the sentence beyond the maximum authorized by law; 65
(b) The claimant's claim is not time barred by the 66
provisions of this chapter; and 67
(c) The claimant did not intentionally waive any 68
appellate or post-conviction remedy otherwise available in order 69
to benefit under this chapter. 70
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(2) The claim shall be verified by the claimant. 71
(3) If the court finds after reading the claim that the 72
claimant has not demonstrated the foregoing, it shall dismiss the 73
claim, either on its own motion or on the state's motion. This 74
dismissal shall be without prejudice to allow adequate refiling 75
within ninety (90) days. 76
SECTION 4. Section 11-44-5, Mississippi Code of 1972, is 77
amended as follows: 78
11-44-5. Jurisdiction of all claims of wrongful conviction 79
and imprisonment and wrongful sentencing brought under this 80
chapter shall lie in the circuit court of the county in which the 81
claimant was convicted or sentenced, as applicable. The 82
respondent will be the State of Mississippi, which will be 83
represented by the Attorney General's office. 84
SECTION 5. Section 11-44-7, Mississippi Code of 1972, is 85
amended as follows: 86
11-44-7. (1) In order to obtain a judgment under this 87
chapter for wrongful conviction and imprisonment, a claimant must 88
prove by a preponderance of the evidence that: 89
(a) He or she was convicted of one or more felonies and 90
subsequently sentenced to a term of imprisonment, and has served 91
all or any part of the sentence; and 92
(i) He or she has been pardoned for the felony or 93
felonies for which he was sentenced and which are the grounds for 94
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the complaint and the pardon is based on the innocence of the 95
claimant which must be affirmatively stated in the pardon; or 96
(ii) His or her judgment of conviction was 97
reversed or vacated; and 98
1. The accusatory instrument was dismissed or 99
nol prossed; or 100
2. If a new trial was ordered, he or she was 101
found not guilty at the new trial; and 102
(b) He or she did not commit the felony or felonies for 103
which he or she was sentenced and which are the grounds for the 104
complaint, or the acts or omissions for which he or she was 105
sentenced did not constitute a felony; and 106
(c) He or she did not commit or suborn perjury, or 107
fabricate evidence to bring about his or her conviction. 108
(2) If the court finds that the claimant was wrongfully 109
convicted and incarcerated pursuant to subsection (1) of this 110
section, the court shall award: 111
(a) Fifty Thousand Dollars ($50,000.00) for each year 112
of incarceration regardless of the number of felonies for which a 113
claimant was convicted, but the total amount for each claimant 114
shall not exceed Five Hundred Thousand Dollars ($500,000.00). 115
There shall be no compensation for any preindictment detention. 116
This award shall be paid to the claimant in installments of Fifty 117
Thousand Dollars ($50,000.00) per year until the award is fully 118
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paid. The state may purchase an annuity to satisfy this 119
obligation. 120
(b) Reasonable attorney's fees for bringing a claim 121
under this chapter calculated at ten percent (10%) of the amount 122
awarded under paragraph (a) of this subsection for preparing and 123
filing the claim, twenty percent (20%) for litigating the claim if 124
it is contested by the Attorney General, and twenty-five percent 125
(25%) if the claim is appealed, plus expenses. These fees shall 126
not be deducted from the compensation due the claimant, nor is 127
counsel entitled to receive additional fees from the client for a 128
claim under this section. 129
(3) The award shall not be subject to: 130
(a) Any cap applicable to private parties in civil 131
lawsuits; 132
(b) Any taxes, except that those portions of the 133
judgment awarded as attorney's fees for bringing a claim under 134
this chapter shall be taxable as income to the attorney; or 135
(c) Treatment as gross income to a claimant under the 136
provisions of Title 27, Chapter 7, Mississippi Code of 1972. 137
(4) A claimant may choose to pursue a claim under this 138
chapter in lieu of pursuing a claim against the State of 139
Mississippi or a political subdivision thereof under the 140
Mississippi Tort Claims Act, Section 11-46-1 et seq., Mississippi 141
Code of 1972. Any claimant who obtains an award under this 142
chapter may not obtain an award by reason of the same subject 143
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against the State of Mississippi or a political subdivision 144
thereof under the provisions of the Mississippi Tort Claims Act, 145
Section 11-46-1 et seq., Mississippi Code of 1972. 146
(5) The immunity of the State of Mississippi and any 147
political subdivision thereof is * * * waived with respect to the 148
claims described in this chapter and within the limits prescribed 149
by this chapter. 150
SECTION 6. The following shall be codified as Section 151
11-44-8, Mississippi Code of 1972: 152
11-44-8. (1) In order to obtain a judgment under this 153
chapter for wrongful sentencing, a claimant must prove by a 154
preponderance of the evidence that he or she was convicted of one 155
or more felonies and subsequently sentenced to a term of 156
imprisonment that exceeds the maximum sentence authorized by law, 157
and has served all or any part of the sentence beyond the maximum 158
sentence authorized by law. 159
(2) If the court finds that the claimant was wrongfully 160
sentenced pursuant to subsection (1) of this section, the court 161
shall award: 162
(a) Fifty Thousand Dollars ($50,000.00) for each year 163
of incarceration beyond the maximum sentence authorized by law for 164
each relevant offense, regardless of the number of felonies for 165
which the claimant was convicted, but the total amount for each 166
claimant shall not exceed Five Hundred Thousand Dollars 167
($500,000.00). There shall be no compensation for any 168
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preindictment detention or for any time served within the maximum 169
sentence allowed by law for each relevant offense. This award 170
shall be paid to the claimant in installments of Fifty Thousand 171
Dollars ($50,000.00) per year until the award is fully paid. The 172
state may purchase an annuity to satisfy this obligation. 173
(b) Reasonable attorney's fees for bringing a claim 174
under this chapter calculated at ten percent (10%) of the amount 175
awarded under paragraph (a) of this subsection for preparing and 176
filing the claim, twenty percent (20%) for litigating the claim if 177
it is contested by the Attorney General, and twenty-five percent 178
(25%) if the claim is appealed, plus expenses. These fees shall 179
not be deducted from the compensation due the claimant, nor is 180
counsel entitled to receive additional fees from the client for a 181
claim under this section. 182
(3) The award shall not be subject to: 183
(a) Any cap applicable to private parties in civil 184
lawsuits; 185
(b) Any taxes, except that those portions of the 186
judgment awarded as attorney's fees for bringing a claim under 187
this chapter shall be taxable as income to the attorney; or 188
(c) Treatment as gross income to a claimant under the 189
provisions of Title 27, Chapter 7, Mississippi Code of 1972. 190
(4) A claimant may choose to pursue a claim under this 191
chapter in lieu of pursuing a claim against the State of 192
Mississippi or a political subdivision thereof under the 193
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Mississippi Tort Claims Act, Section 11-46-1 et seq., Mississippi 194
Code of 1972. Any claimant who obtains an award under this 195
chapter may not obtain an award by reason of the same subject 196
against the State of Mississippi or a political subdivision 197
thereof under the provisions of the Mississippi Tort Claims Act, 198
Section 11-46-1 et seq., Mississippi Code of 1972. 199
(5) The immunity of the State of Mississippi and any 200
political subdivision thereof is waived with respect to the claims 201
described in this chapter and within the limits prescribed by this 202
chapter. 203
SECTION 7. Section 11-44-9, Mississippi Code of 1972, is 204
amended as follows: 205
11-44-9. (1) An action for compensation brought by a 206
wrongfully convicted person under the provisions of this chapter 207
shall be commenced within three (3) years after either the grant 208
of a pardon or the grant of judicial relief and satisfaction of 209
other conditions described in Section 11-44-3(1); provided * * * 210
that any action by the state challenging or appealing the grant of 211
said judicial relief shall toll the three-year period. Persons 212
convicted, incarcerated and released from custody prior to July 1, 213
2009, shall commence an action under this * * *subsection (1) not 214
later than June 30, 2012. 215
(2) An action for compensation brought by a wrongfully 216
sentenced person under the provisions of this chapter shall be 217
commenced within three (3) years after the claimant was released, 218
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either as a result of a successful motion to vacate, set aside or 219
correct the sentence or as a result of completing the wrongful 220
sentence in full. Persons convicted, incarcerated and released 221
from custody prior to July 1, 2026, shall commence an action under 222
this subsection (2) not later than June 30, 2029. 223
( * * *3) Notwithstanding any other provision of law, 224
failure to file any applicable Notice of Claim shall not bar 225
filing of a claim under this chapter. 226
SECTION 8. Section 11-44-11, Mississippi Code of 1972, is 227
brought forward as follows: 228
11-44-11. Any party aggrieved by a decision as to a claim 229
brought under this chapter is entitled to appeal the decision as 230
in other civil cases. 231
SECTION 9. Section 11-44-13, Mississippi Code of 1972, is 232
brought forward as follows: 233
11-44-13. If a claimant dies prior to the full payment of 234
any claim awarded under this chapter, the remaining payments shall 235
be made to his or her estate or heirs. If any potential claimant 236
dies prior to the filing of a claim, the claim may be filed by and 237
on behalf of his or her estate or heirs. 238
SECTION 10. Section 11-44-15, Mississippi Code of 1972, is 239
brought forward as follows: 240
11-44-15. Any claimant who receives compensation under this 241
chapter shall sign a release from all claims against the state 242
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ST: Persons wrongfully sentenced; allow
compensation for in same manner as persons
wrongfully convicted.
regarding the incarceration for which the claimant receives 243
compensation. 244
SECTION 11. This act shall take effect and be in force from 245
and after July 1, 2026. 246