The bill amends the Code of Criminal Procedure to enhance the post-conviction relief process by introducing new definitions, eligibility criteria, and procedural requirements. Key insertions include the definitions of "post conviction relief" and "shell petition," which clarify the relief process and petition filing requirements. The legislation establishes that applicants must be in actual custody or under supervision and outlines the responsibilities of petitioners. It also introduces provisions for the abandonment of applications if no action is taken for two years and sets deadlines for adjudicating claims. Additionally, the bill mandates that petitions be served on both the attorney general and the district attorney, with the burden of proof resting solely on the petitioner.

Significant procedural changes include a reduction in the time limit for filing applications from two years to one year after a conviction becomes final, with specific exceptions. The bill also requires the appointment of counsel in death penalty cases within thirty days of sentencing and establishes strict timelines for preliminary reviews and rulings on applications. It clarifies the handling of procedural objections, extending the time for the district attorney to respond from 30 to 60 days, and specifies that no hearing will occur if such objections are filed. Overall, the legislation aims to streamline the post-conviction relief process, ensuring timely and fair adjudication of claims, particularly in capital cases.

Statutes affected:
HB675 Original:
HB675 Engrossed:
HB675 Reengrossed: