The 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 specific eligibility criteria, requiring individuals to be currently serving a sentence or under supervision, and outlines the responsibilities of the court, district attorney, and attorney general in managing these applications. Notably, the bill waives attorney-client privilege in cases of ineffective assistance of counsel claims and sets a timeline for adjudicating post-conviction relief applications, emphasizing that the burden of proof lies with the petitioner.

Additionally, the bill mandates that the court notify the district attorney and attorney general at least sixty days prior to any hearing on a post-conviction relief application, allowing them the right to appeal any orders granting 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 bill also clarifies time limitations for filing applications, including provisions for newly discovered facts, and ensures timely reviews and responses from the court and district attorney. Furthermore, it allows the state public defender to request supplemental funding for capital cases and specifies the appointment of counsel for indigent defendants sentenced to death, aiming to streamline the post-conviction process while safeguarding the rights of all parties involved.

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