This bill proposes to amend the existing law regarding the time limit for petitioning a court for a new trial. The current time limit of three years to file a petition for a new trial after the judgment or failure of the suit is maintained, but the bill introduces a significant change. It stipulates that this time limit shall not apply to motions for new trials in felony offenses or class A misdemeanors when the motion is based on newly discovered evidence, new or additional forensic testing, or a new scientific understanding that would have been material to the fact-finder. This amendment aims to accommodate advancements in forensic science and the discovery of new evidence that could potentially alter the outcome of a case.

The act is set to take effect on January 1, 2025. The fiscal note attached to the bill indicates that there is no immediate financial impact on state, county, or local revenues or expenditures. However, the exact financial impact is indeterminable as it is expected that litigation may increase, potentially significantly, due to the expanded circumstances under which a new trial petition could be filed or granted. The Judicial Branch has stated that it is not possible to estimate how this change in law would impact the number of filings in the courts. The bill does not provide additional funding to cover estimated expenditures, nor does it authorize new positions to implement the bill.

Statutes affected:
Introduced: 526:4
As Amended by the Senate: 526:4
Version adopted by both bodies: 526:4