SPONSOR: Collins
This bill allows a person in the custody of the Department of Corrections to raise a freestanding claim of actual innocence in a post-conviction action or proceeding, challenging the validity of the court's findings in the original criminal case.
The court has the authority to review, decide, and issue an order on the claim if there is clear and convincing evidence supporting the claim and the evidence undermines confidence in the correctness of the judgment. The court must consider evidence as provided in the bill, including evidence not presented at the original trial or during a plea, post-conviction hearing, or direct appeal.
The court may dismiss the claim without a hearing if the court determines the petitioner has failed to make a prima facie showing of actual innocence. If the court determines the burden of proof has been met, the court must vacate or set aside the judgment and issue written findings identifying the evidence relied upon.
This bill is similar to HB 731 (2025).
Statutes affected: