The proposed bill, known as the Postconviction Relief Act, aims to amend several sections of Nebraska's Revised Statutes to enhance the process of postconviction relief for prisoners. Key provisions include the introduction of a claim for actual innocence as a valid ground for relief, alongside existing claims related to constitutional rights violations. The bill outlines specific criteria for establishing actual innocence, including the requirement for new evidence that was not presented at trial, such as exculpatory DNA results or evidence implicating an alternative suspect. Additionally, the bill allows for exceptions to time limitations and procedural defaults in cases where a manifest injustice may occur.

The bill also mandates the disclosure of certain files by attorneys, law enforcement, and prosecutors to assist prisoners in their claims. It establishes a one-year limitation period for filing motions for postconviction relief, with provisions for excusing procedural defaults under specific circumstances. Furthermore, the bill clarifies that the remedy provided is cumulative and not concurrent with other remedies, and it allows for the appointment of attorneys to represent prisoners in these proceedings. Overall, the bill seeks to create a more accessible and fair process for individuals seeking to challenge their convictions based on new evidence or claims of innocence.

Statutes affected:
Introduced: 29-3001, 29-3002, 29-3003, 29-3004, 29-3915