The proposed bill, known as the Postconviction Relief Act, aims to amend existing Nebraska statutes to provide a framework for postconviction relief, particularly for claims of actual innocence. It introduces new provisions that allow prisoners to file verified motions for relief based on actual innocence, alongside traditional claims of constitutional violations. The bill outlines specific criteria for establishing actual innocence, including the presentation of new evidence that was not available during the original trial, and it allows for exceptions to time limitations and procedural defaults to prevent manifest injustice. Additionally, the bill mandates the disclosure of certain files by attorneys and law enforcement to assist in the postconviction process.

Key amendments include the establishment of a one-year limitation period for filing motions, with provisions for exceptions, and the ability for the district court to order the release of prior counsel's files and prosecutorial documents to the prisoner. The bill also clarifies that the remedy provided is cumulative and not concurrent with other legal remedies. Furthermore, it ensures that individuals who cannot afford counsel are entitled to representation in postconviction proceedings. The original sections of the statutes being amended are set to be repealed, streamlining the legal framework surrounding postconviction relief in Nebraska.

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