HB294 • 2026

MS Office of Capital Post-Conviction Counsel; clarify the practice limitations of.

AN ACT TO AMEND SECTION 99-39-107, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PRACTICE LIMITATIONS OF THE OFFICE OF CAPITAL POST-CONVICTION; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Bell (65th)
Last action: 2026-03-03
Official status: Dead
Effective date: July 1, 20

Plain English Breakdown

The bill did not pass in its session.

Clarifying Rules for Mississippi's Office of Capital Post-Conviction Counsel

This bill changes the law to clarify when and how the Office of Capital Post-Conviction Counsel can represent inmates sentenced to death or other indigent parties in post-conviction proceedings.

What This Bill Does

Clarifies that the office represents inmates under sentence of death in post-conviction proceedings and related matters.
Specifies conditions for representing indigent parties not sentenced to death based on a valid claim ripe for review and available resources.
Outlines when representation ends, such as upon filing for federal habeas corpus review or appointment of counsel by a federal court.
Details how the office can continue representation in federal habeas corpus proceedings if appointed by a federal court.
Requires attorneys working for the office to focus solely on their duties and not engage in other legal work.

Who It Names or Affects

People sentenced to death who need help with post-conviction cases.
Poor people who aren't sentenced to death but have valid claims in post-conviction review.
The Office of Capital Post-Conviction Counsel and its staff attorneys.

Terms To Know

Post-conviction proceedings: Legal actions taken after a conviction to challenge the sentence or verdict.
Habeas corpus: A legal action asking a court to release someone from custody if they are being held unlawfully.

Limits and Unknowns

The bill did not pass and will not become law.
It does not specify how the office's resources should be managed or allocated.
Details about federal compensation for representation in habeas corpus proceedings are limited to when a federal court appoints an attorney.

Bill History

2026-03-03 Mississippi Legislative Bill Status System
03/03 (S) Died In Committee
2026-02-17 Mississippi Legislative Bill Status System
02/17 (S) Referred To Judiciary, Division B
2026-02-13 Mississippi Legislative Bill Status System
02/13 (H) Transmitted To Senate
2026-02-12 Mississippi Legislative Bill Status System
02/12 (H) Passed
2026-02-11 Mississippi Legislative Bill Status System
02/11 (H) Read the Third Time
2026-02-03 Mississippi Legislative Bill Status System
02/03 (H) Title Suff Do Pass
2026-01-07 Mississippi Legislative Bill Status System
01/07 (H) Referred To Judiciary B

Official Summary Text

MS Office of Capital Post-Conviction Counsel; clarify the practice limitations of.

Current Bill Text

Read the full stored bill text

H. B. No. 294 *HR31/R547* ~ OFFICIAL ~ G1/2
26/HR31/R547
PAGE 1 (OM\JAB)

To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Bell (65th)

HOUSE BILL NO. 294

AN ACT TO AMEND SECTION 99-39-107, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY THE PRACTICE LIMITATIONS OF THE OFFICE OF CAPITAL 2
POST-CONVICTION; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 99-39-107, Mississippi Code of 1972, is 5
amended as follows: 6
99-39-107. The Office of Capital Post-Conviction Counsel 7
shall * * * represent of inmates under sentence of death in 8
post-conviction proceedings and ancillary matters related directly 9
to post-conviction review of their convictions and sentences and 10
other activities explicitly authorized in statute. The Office of 11
Capital Post-Conviction Counsel also may represent indigent 12
parties not sentenced to death in post-conviction if the director 13
determines that there is a statutorily alive claim ripe for 14
post-conviction review and that the office has the resources to 15
undertake the representation. Representation by the office or by 16
private counsel under appointment by the office will end upon the 17
filing of proceeding for federal habeas corpus review or for 18
H. B. No. 294 *HR31/R547* ~ OFFICIAL ~
26/HR31/R547
PAGE 2 (OM\JAB)

appointment of counsel to represent the defendant in federal 19
habeas corpus proceedings. However, the office may continue 20
representation in federal habeas corpus proceedings. In capital 21
cases, * * * the office or a staff attorney employed by the office 22
shall be appointed by a federal court to represent the inmate in 23
federal habeas corpus proceedings. In such event, the office or 24
the employee attorney shall apply to the federal court for 25
compensation and expenses and shall upon receipt of payments by 26
the federal court pay all sums received over to the office for 27
deposit in the Special Capital Post-Conviction Counsel Fund as 28
provided in Section 99-39-117, from which all expenses for 29
investigation and litigation shall be disbursed. Representation 30
in post-conviction proceedings shall further include 31
representation of the inmate from the exhaustion of all state and 32
federal post-conviction litigation until execution of the sentence 33
or an adjudication resulting in either a new trial or a vacation 34
of the death sentence. The attorneys appointed to serve in the 35
Office of Capital Post-Conviction Counsel shall devote their 36
entire time to the duties of the office, shall not represent any 37
persons in other litigation, civil or criminal, nor in any other 38
way engage in the practice of law, and shall in no manner, 39
directly or indirectly, participate in the trial of any person 40
charged with capital murder or direct appeal of any person under 41
sentence of death in the state, nor engage in lobbying activities 42
for or against the death penalty. Any violation of this provision 43
H. B. No. 294 *HR31/R547* ~ OFFICIAL ~
26/HR31/R547
PAGE 3 (OM\JAB)
ST: MS Office of Capital Post-Conviction
Counsel; clarify the practice limitations of.
shall be grounds for termination from employment, in the case of 44
the director, by the Governor, and in the case of other attorneys, 45
by the director, with approval of the Chief Justice. 46
SECTION 2. This act shall take effect and be in force from 47
and after July 1, 2026. 48