This bill amends section 29-3001 of the Revised Statutes Cumulative Supplement, 2024, to modify the provisions regarding the limitations on actions for postconviction relief in Nebraska. It allows a prisoner in custody to file a verified motion for relief based on claims that their rights were denied or infringed, rendering their judgment void or voidable. The bill establishes a one-year limitation period for filing such motions, which begins from specific triggering events, including the finality of the conviction, discovery of the factual basis for the claim, removal of state-created impediments, recognition of a new constitutional claim, or the prisoner reaching the age of twenty-one.
Notably, the bill introduces a new provision that extends the limitation period to include the date on which the prisoner turns twenty-one years old, thereby providing additional time for young prisoners to seek postconviction relief. The original language that allowed for a limitation period based on the denial of a writ of certiorari by the Supreme Court of the United States has been deleted. The bill ultimately aims to clarify and enhance the process for prisoners seeking postconviction relief while ensuring their rights are adequately protected.
Statutes affected: Introduced: 29-3001