SPONSOR: McCreery
This bill allows a person in the custody of or under the supervision of the state to raise a freestanding claim of actual innocence in any postconviction action or proceeding challenging the validity of the judgment, and it allows the court to decide the issue. The court must set aside or vacate the judgment if the court finds there is clear and convincing evidence that undermines the confidence in the judgment. The court must take into consideration information and evidence not presented to the original trier of fact, the evidence presented at the original trial or plea hearing, and any evidence presented at any direct appeal or postconviction proceeding, including state or federal habeas actions.
Statutes affected: