This bill amends the Code of Criminal Procedure to enhance the process of post-conviction relief by introducing new definitions and procedures for individuals challenging their convictions. Key insertions include the definitions of "post conviction relief" and "shell petition," which clarify the nature of these legal actions. The bill outlines specific requirements for filing a petition, such as the necessity for the petitioner to be in custody and to provide grounds for relief. It also establishes that petitions must be served to both the attorney general and the district attorney, while setting eligibility criteria for individuals seeking post-conviction relief. Additionally, the bill introduces provisions regarding the abandonment of applications, stating that failure to pursue a ruling for two years will result in dismissal, and it specifies deadlines for claims of factual innocence.

Further amendments focus on the rights of petitioners and the responsibilities of the court and state officials. The bill requires the court to notify the district attorney and attorney general at least sixty days before any hearing on a post-conviction relief application, and it grants both parties the right to appeal any order granting relief. It clarifies 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 bill also addresses time limitations for filing applications, particularly in death penalty cases, and mandates strict timelines for the court's review process while allowing for extensions under certain conditions. Overall, the legislation aims to streamline post-conviction procedures while ensuring the rights of defendants, especially those facing death sentences, are protected.

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