SB 2118 — Conviction; clarify subsequent for certain crimes and post-convictions relief.

Bill Text

• Current version View text Current html

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill clarifies the definition of 'second or subsequent offense' for drug convictions and allows for certain exceptions in post-conviction relief applications.

• 41-29-147

  any person convicted of a second or subsequent offense under this article may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. → any person convicted of a second or subsequent offense under this article may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both. For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his conviction of the offense, the offender has at any time been convicted upon charges separately brought arising out of separate incidents at different times under this article or under any statute of the United States or of any state relating to narcotic drugs, marihuana marijuana, depressant, stimulant or hallucinogenic drugs.

  The change clarifies and expands the definition of what constitutes a second or subsequent offense for drug-related convictions.

• 99-39-5

  Excepted from this three-year statute of limitations are those cases in which the petitioner can demonstrate either: → Excepted from this three-year statute of limitations are those cases in which the petitioner can demonstrate either: (iii) That there has been an adoption or enactment of state law that would actually result in a lesser sentence if the same offense were to be committed after the adoption or enactment of the new state law.

  This allows for a new basis for filing a second or successive post-conviction relief motion based on changes in state law that would affect sentencing.

• 99-39-27

  Unless it appears from the face of the application, motion, exhibits and the prior record that the claims presented by those documents are not procedurally barred under Section 99-39-21 and that they further present a substantial showing of the denial of a state or federal right, the court shall by appropriate order deny the application. → Unless it appears from the face of the application, motion, exhibits and the prior record that the claims presented by those documents are not procedurally barred under Section 99-39-21 and that they further present a substantial showing of the denial of a state or federal right or that there has been an adoption or enactment of state law that would actually result in a lesser sentence for the same offense if committed after the adoption or enactment of the new state law.

  This change allows applicants to overcome procedural bars in post-conviction relief applications by citing new laws that would affect sentencing.

Action History

1. February 05, 2019

   Died In Committee

2. January 11, 2019

   Referred To Judiciary, Division B;Corrections

Sponsors

• Jordan · Primary

Subjects