This bill amends the Code of Criminal Procedure to enhance the framework for post-conviction relief, introducing new definitions such as "post conviction relief" and "shell petition" to clarify the processes for individuals contesting their convictions. It establishes detailed requirements for petitions, including the necessity to serve the attorney general and district attorney, and sets eligibility criteria that dismiss applications filed after a sentence is completed. A significant provision allows for the waiver of attorney-client privilege when claims of ineffective assistance of counsel are raised. The bill also outlines specific timelines for court reviews and the responsibilities of both petitioners and the state, emphasizing that the burden of proof lies with the petitioner.

Additionally, the bill includes provisions for notifying the district attorney and attorney general prior to hearings, granting them the right to appeal any orders for relief. It stipulates that if relief is granted, the petitioner must remain in custody pending a new trial but is entitled to bail as if they had not been convicted. The amendments also address time limitations for filing applications, presuming knowledge of facts known to the petitioner's attorney, and ensure timely responses from the court and state officials. Furthermore, it allows the state public defender to request supplemental funding for capital cases and outlines the appointment of counsel for indigent defendants sentenced to death, ultimately aiming to streamline the post-conviction process while safeguarding defendants' rights.

Statutes affected:
HB675 Original:
HB675 Engrossed:
HB675 Reengrossed:
HB675 Enrolled:
HB675 Act :