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Bill

HB 945

Requests for DNA testing; clarify that they are excepted from bar on second or successive motions for post-conviction relief.

2026 Regular Session Introduced by Fred Shanks

Mississippi bill exempts DNA testing requests from limits on successive post-conviction motions, allowing defendants additional chances to seek exonerating evidence.

Referred To Judiciary B
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Bill Summary · HB 945

Legislative bill overview

HB 945 clarifies that requests for DNA testing are exempted from Mississippi's procedural rules that limit defendants to one or two motions for post-conviction relief. This means defendants could potentially file multiple DNA testing requests without being blocked by the successive motion bar, provided the requests meet other legal requirements for DNA evidence eligibility.

Why is this important

DNA testing can potentially exonerate innocent individuals or identify actual perpetrators, making it a critical tool in criminal justice. The clarification removes a procedural barrier that could prevent defendants from accessing this evidence, particularly in older cases where DNA testing wasn't previously available or where new testing methods have emerged.

Potential points of contention

  • Judicial efficiency concerns: Critics may argue that exempting DNA requests from successive motion limits could burden courts with repetitive filings and delay case closure for victims' families
  • Scope ambiguity: The bill may lack clear standards defining what constitutes a valid DNA testing request, potentially allowing frivolous petitions while also creating litigation over eligibility
  • Retroactive application: Unclear whether this applies to cases already decided under prior rules, which could create equal protection questions or reopen previously closed cases

Compiled from official sources — confirm details with the bill’s official record.

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