Legislative Document No. 302 H.P. 226 House of Representatives, January 22, 2019
An Act To Amend the Laws Governing Post-conviction Review in Order To Facilitate the Fair Hearing of All Evidence in Each Case Involving a Claim of Innocence
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative EVANGELOS of Friendship. Cosponsored by Senator MIRAMANT of Knox and Representatives: DAUGHTRY of Brunswick, FARNSWORTH of Portland, GATTINE of Westbrook, HARNETT of Gardiner, LANDRY of Farmington, PLUECKER of Warren, WARREN of Hallowell, Senator: BELLOWS of Kennebec.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 15 MRSA §2133 is enacted to read: 3 §2133. Claim of actual innocence
4 Notwithstanding sections 2128 and 2128-B, a petition for post-conviction review 5 claiming actual innocence may be filed at any time during the period of direct 6 impediment, except that it may not be filed within one year of a judgment on a petition 7 filed for the same conviction under this chapter or chapter 305-B. A petition for post- 8 conviction review under this section must receive at least one evidentiary hearing in 9 which the petitioner may submit new evidence and evidence submitted in prior 10 proceedings on the same matter.
11 SUMMARY 12 This bill amends the statutory provisions regarding criminal post-conviction review 13 to allow the filing of a petition for post-conviction review claiming actual innocence at 14 any time during the period of direct impediment, except that it may not be filed within 15 one year of a judgment on a prior petition for post-conviction review on the same 16 conviction. This bill requires that a petition for post-conviction review claiming actual 17 innocence receive at least one evidentiary hearing in which the petitioner may submit 18 new evidence and evidence submitted in prior proceedings on the same matter.
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