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 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.

Furthermore, the bill outlines the process for appointing attorneys to represent prisoners in postconviction proceedings and ensures that the remedy provided is cumulative, not concurrent with other existing remedies. It also allows for the district court to order the production of complete files from prior counsel and prosecutorial agencies to aid in the investigation and preparation of motions for relief. The bill repeals previous sections related to postconviction relief, thereby consolidating and updating the legal framework governing these proceedings in Nebraska.

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