House Bill No. by Representative Bacala amends the Code of Criminal Procedure to enhance the process of post-conviction relief. The bill introduces provisions for the electronic transmission of appellate records to defendants who are imprisoned and request a copy, ensuring they receive this record free of charge. It also clarifies that the failure of the clerk of the court of appeal to comply with these requirements does not extend the time for filing applications for post-conviction relief or provide grounds for vacating a conviction. Additionally, the bill mandates that the court of appeal redact sensitive information before transmitting records, including juror identities, and allows for motions regarding further redactions based on safety or constitutional rights.
Furthermore, the bill expands the grounds for seeking post-conviction relief based on factual innocence to include those convicted by guilty pleas or nolo contendere, in addition to those found guilty after a trial. It removes previous limitations regarding the timing of filing claims of factual innocence, specifically the December 31, 2022, deadline, thus allowing more flexibility for petitioners. The amendments aim to streamline the post-conviction process and ensure that defendants have access to necessary legal documents while protecting sensitive information.