HB748 • 2026

Post-Conviction Collateral Relief; require to obtain permission from Supreme Court for certain petitions.

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.

Crime

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Hood
Last action: 2026-03-17
Official status: Law
Effective date: July 1, 20

Plain English Breakdown

The official source material does not provide information on what happens if someone files a motion without obtaining permission from the Supreme Court, or how this change will affect the number of post-conviction relief motions filed in trial court.

Post-Conviction Collateral Relief Act

This law requires people seeking to file a motion for post-conviction relief in Mississippi courts to get permission from the Supreme Court under certain conditions.

What This Bill Does

Changes Section 99-39-7 of the Mississippi Code to add new requirements for filing motions for post-conviction collateral relief.
Requires individuals to obtain approval from the Mississippi Supreme Court before filing a motion in trial court if their previous post-conviction motion was denied and affirmed on appeal, or more than three years have passed since they could have appealed their conviction.

Who It Names or Affects

People who want to file a motion for post-conviction relief after being convicted of a crime in Mississippi.
The Mississippi Supreme Court, which will now have to review and approve certain motions before they can be filed in trial court.

Terms To Know

Post-Conviction Collateral Relief: Legal actions taken after a conviction has been finalized to challenge the legality of the conviction or sentence.
Supreme Court: The highest court in Mississippi that reviews and decides appeals from lower courts.

Limits and Unknowns

Does not specify what happens if someone does not get permission from the Supreme Court before filing a motion.
It is unclear how this change will affect the number of post-conviction relief motions filed in trial court.

Bill History

2026-03-17 Mississippi Legislative Bill Status System
03/17 Approved by Governor
2026-03-10 Mississippi Legislative Bill Status System
03/10 (S) Enrolled Bill Signed
2026-03-10 Mississippi Legislative Bill Status System
03/10 (H) Enrolled Bill Signed
2026-03-09 Mississippi Legislative Bill Status System
03/09 (S) Returned For Enrolling
2026-03-05 Mississippi Legislative Bill Status System
03/05 (S) Passed
2026-03-03 Mississippi Legislative Bill Status System
03/03 (S) Title Suff Do Pass
2026-02-18 Mississippi Legislative Bill Status System
02/18 (S) Referred To Judiciary, Division A
2026-02-11 Mississippi Legislative Bill Status System
02/11 (H) Transmitted To Senate
2026-02-10 Mississippi Legislative Bill Status System
02/10 (H) Passed
2026-02-03 Mississippi Legislative Bill Status System
02/03 (H) Title Suff Do Pass
2026-01-16 Mississippi Legislative Bill Status System
01/16 (H) Referred To Judiciary A

Official Summary Text

Post-Conviction Collateral Relief; require to obtain permission from Supreme Court for certain petitions.

Current Bill Text

Read the full stored bill text

H. B. No. 748 *HR31/R1427* ~ OFFICIAL ~ G1/2
26/HR31/R1427
PAGE 1 (GT\JAB)

To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Hood

HOUSE BILL NO. 748

AN ACT TO AMEND SECTION 99-39-7, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE A PERSON SEEKING TO FILE A MOTION FOR POST-CONVICTION 2
COLLATERAL RELIEF TO OBTAIN PERMISSION FROM THE MISSISSIPPI 3
SUPREME COURT BEFORE FILING THE MOTION IN TRIAL COURT IF A DENIAL 4
OF A PREVIOUS POST-CONVICTION MOTION HAS BEEN AFFIRMED ON APPEAL 5
OR MORE THAN THREE YEARS HAS ELAPSED AFTER THE TIME FOR TAKING AN 6
APPEAL FROM A JUDGMENT OR CONVICTION; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 99-39-7, Mississippi Code of 1972, is 9
amended as follows: 10
99-39-7. (1) The motion under this article shall be filed 11
as an original civil action in the trial court, except in cases in 12
which: 13
(a) The petitioner's conviction and sentence have been 14
appealed to the Supreme Court of Mississippi and there affirmed or 15
the appeal dismissed * * *; 16
(b) The denial of a previous post-conviction motion 17
filed by the petitioner has been appealed to the Supreme Court of 18
Mississippi and there affirmed or the appeal dismissed; or 19
H. B. No. 748 *HR31/R1427* ~ OFFICIAL ~
26/HR31/R1427
PAGE 2 (GT\JAB)
ST: Post-Conviction Collateral Relief; require
to obtain permission from Supreme Court for
certain petitions.
(c) More than three (3) years after the time for taking 20
an appeal from the judgment or conviction has elapsed. 21
(2) Where the conviction and sentence have been affirmed on 22
appeal or the appeal has been dismissed, where the denial of a 23
previous post-conviction motion filed by the petitioner has been 24
appealed to the Supreme Court of Mississippi and there affirmed or 25
the appeal dismissed, or where more than three (3) years after the 26
time for taking an appeal from the judgment or conviction has 27
elapsed, the motion under this article shall not be filed in the 28
trial court until the motion shall have first been presented to a 29
quorum of the Justices of the Supreme Court of Mississippi, 30
convened for * * * such purpose either in termtime or in vacation, 31
and an order granted allowing the filing of such motion in the 32
trial court. The procedure governing applications to the Supreme 33
Court for leave to file a motion under this article shall be as 34
provided in Section 99-39-27. 35
SECTION 2. This act shall take effect and be in force from 36
and after July 1, 2026. 37