The proposed bill, known as the Postconviction Relief Act, aims to amend several sections of Nebraska's legal statutes to enhance the process of postconviction relief for prisoners claiming actual innocence. Key provisions include the establishment of specific grounds for relief, including claims of actual innocence, and the introduction of a one-year limitation period for filing such motions. The bill also allows for exceptions to time limitations and procedural defaults to prevent manifest injustice, particularly in cases where a prisoner presents a colorable claim of actual innocence. Additionally, the bill mandates the disclosure of certain files by attorneys, law enforcement, and prosecutors to assist prisoners in their claims.

The bill outlines the procedures for filing motions for postconviction relief, including the requirement for courts to hold hearings and make findings of fact. It also specifies that the remedy provided is cumulative and not concurrent with other remedies. Furthermore, the bill allows for the appointment of attorneys to represent prisoners in these proceedings and ensures that those financially unable to obtain counsel are entitled to representation by a public defender. Overall, the legislation seeks to create a more equitable and accessible framework for prisoners 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