Senate Bill 256 aims to amend Tennessee's post-conviction relief laws by introducing a new part that specifically addresses claims of actual innocence based on new evidence. The bill defines "actual innocence" as new evidence that convincingly establishes a petitioner's innocence or creates a substantial probability of a different outcome on retrial. It allows both district attorneys and convicted individuals to file petitions alleging actual innocence at any time, provided that no previous petition has been filed based on the same evidence. Notably, the bill stipulates that relief does not require proof of an independent constitutional violation, and it eliminates any filing fees for such petitions.

The bill outlines the process for filing a petition, including the requirement for the petition to be verified under oath and supported by relevant evidence. If the court finds a colorable claim of actual innocence, it must schedule a hearing, assuming the new evidence's veracity at the filing stage. The petitioner bears the burden of proof at the hearing, and if successful, the court will vacate the conviction and order a new trial. Additionally, the bill mandates that the attorney general represent the state in cases involving death sentences, while district attorneys will represent the state in other cases. The act is set to take effect on July 1, 2025.