SF2826

Purpose of the Bill

The bill allows individuals who received a "stay of adjudication" or a conviction to petition for relief from legal judgments in specific circumstances. It aims to amend existing judicial procedures for postconviction relief, ensuring rights protected by the Constitution are upheld, and allowing for the reconsideration of cases based on new scientific evidence or changes in the law.

Main Provisions

• Petition for Relief: Individuals who have been convicted of a crime or who received a stay of adjudication may file a petition in district court if they claim that these resulted in a violation of their rights. This could lead to vacating the judgment, discharging the petitioner, resentencing, or granting a new trial.

• Use of Forensic Evidence: Those convicted or who received a stay of adjudication can request fingerprint or DNA testing on evidence if the technology was not available at their original trial. This is intended to demonstrate their actual innocence.

• Conditions for Petitioning: Petitions must not be based on grounds that could have been raised during the original direct appeal. However, exceptions are allowed for newly discovered evidence or changes in law and must be supported by a strong case indicating the evidence's integrity.

• Time Limit for Filings: Generally, petitions must be filed within two years after the latest of either the conviction or the appellant court's decision on a direct appeal. Exceptions are made if mental or physical disabilities prevented filing or if new evidence or interpretations of law apply retroactively.

• Relief for Older Crimes: People convicted or stayed before May 1, 1980, can apply for relief if significant legal changes that should be applied retroactively benefit them. This can include newer legal interpretations that could affect their current sentence.

Significant Changes

• Expanded Grounds for Postconviction Relief: The bill allows for relief not only due to constitutional violations or new scientific evidence but also for other specified legal grounds such as retroactive legal changes.

• Time Extension for Filing Under Certain Conditions: It extends the time in which petitions can be filed for postconviction relief under certain extenuating circumstances, such as the presence of new evidence or interpretation of the law.

Relevant Terms

• Postconviction relief
• Stay of adjudication
• Forensic DNA testing
• Retroactive legal changes
• Petition for relief
• Prima facie case
• Newly discovered evidence