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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Taylor, Hulum, Sanders
HOUSE BILL NO. 681
AN ACT TO AMEND SECTION 11-44-7, MISSISSIPPI CODE OF 1972, TO 1
REMOVE THE LIMITATION FOR DAMAGES WHEN A PERSON IS WRONGFULLY 2
CONVICTED OR INCARCERATED; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 11-44-7, Mississippi Code of 1972, is 5
amended as follows: 6
11-44-7. (1) In order to obtain a judgment under this 7
chapter, a claimant must prove by a preponderance of the evidence 8
that: 9
(a) He was convicted of one or more felonies and 10
subsequently sentenced to a term of imprisonment, and has served 11
all or any part of the sentence; and 12
(i) He has been pardoned for the felony or 13
felonies for which he was sentenced and which are the grounds for 14
the complaint and the pardon is based on the innocence of the 15
claimant which must be affirmatively stated in the pardon; or 16
(ii) His judgment of conviction was reversed or 17
vacated; and 18
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1. The accusatory instrument was dismissed or 19
nol prossed; or 20
2. If a new trial was ordered, he was found 21
not guilty at the new trial; and 22
(b) He did not commit the felony or felonies for which 23
he was sentenced and which are the grounds for the complaint, or 24
the acts or omissions for which he was sentenced did not 25
constitute a felony; and 26
(c) He did not commit or suborn perjury, or fabricate 27
evidence to bring about his conviction. 28
(2) If the court finds that the claimant was wrongfully 29
convicted and incarcerated pursuant to subsection (1) of this 30
section, the court shall award: 31
(a) Fifty Thousand Dollars ($50,000.00) for each year 32
of incarceration regardless of the number of felonies for which a 33
claimant was convicted * * *. There shall be no compensation for 34
any preindictment detention. This award shall be paid to the 35
claimant in installments of Fifty Thousand Dollars ($50,000.00) or 36
more per year until the award is fully paid. The state may 37
purchase an annuity to satisfy this obligation. 38
(b) Reasonable attorney's fees for bringing a claim 39
under this chapter calculated at ten percent (10%) of the amount 40
awarded under paragraph (a) of this subsection for preparing and 41
filing the claim, twenty percent (20%) for litigating the claim if 42
it is contested by the Attorney General, and twenty-five percent 43
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(25%) if the claim is appealed, plus expenses. These fees shall 44
not be deducted from the compensation due the claimant, nor is 45
counsel entitled to receive additional fees from the client for a 46
claim under this section. 47
(3) The award shall not be subject to: 48
(a) Any cap applicable to private parties in civil 49
lawsuits; 50
(b) Any taxes, except that those portions of the 51
judgment awarded as attorney's fees for bringing a claim under 52
this chapter shall be taxable as income to the attorney; or 53
(c) Treatment as gross income to a claimant under the 54
provisions of Title 27, Chapter 7, Mississippi Code of 1972. 55
(4) A claimant may choose to pursue a claim under this 56
chapter in lieu of pursuing a claim against the State of 57
Mississippi or a political subdivision thereof under the 58
Mississippi Tort Claims Act, Section 11-46-1 et seq., Mississippi 59
Code of 1972. Any claimant who obtains an award under this 60
chapter may not obtain an award by reason of the same subject 61
against the State of Mississippi or a political subdivision 62
thereof under the provisions of the Mississippi Tort Claims Act, 63
Section 11-46-1 et seq., Mississippi Code of 1972. 64
(5) The immunity of the State of Mississippi and any 65
political subdivision thereof is hereby waived with respect to the 66
claims described in this chapter and within the limits prescribed 67
by this chapter. 68
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ST: Wrongful conviction; remove limit on
damages when court finds.
SECTION 2. This act shall take effect and be in force from 69
and after July 1, 2026. 70