This bill amends section 29-3001 of the Revised Statutes Cumulative Supplement, 2024, concerning postconviction relief for prisoners in Nebraska. It allows prisoners to file a verified motion in the court that imposed their sentence if they believe their rights were denied or infringed, rendering the judgment void or voidable. The court is required to serve notice to the county attorney and conduct a prompt hearing unless the motion and case records indicate that the prisoner is not entitled to relief. The bill also clarifies that the proceedings are civil in nature and outlines the conditions under which a court may entertain such motions without requiring the prisoner's presence.

A significant change introduced by this bill is the extension of the one-year limitation period for filing a verified motion for postconviction relief. The limitation period will now run from several specified dates, including the date the prisoner turns twenty-one years old, in addition to the existing criteria. The original provision that allowed the limitation period to run from the date the Supreme Court of the United States denies a writ of certiorari or affirms a conviction has been modified to include this new condition. The bill ultimately repeals the original section 29-3001, thereby updating the legal framework for postconviction relief in Nebraska.

Statutes affected:
Introduced: 29-3001