SB19-026: Postconviction Remedy Proceedings

• Prohibits defendants from bringing second or subsequent claims for postconviction remedy based on ineffective assistance of postconviction counsel, except when based on newly discovered evidence of actual innocence.

• Establishes discovery procedures requiring both defense and prosecution to disclose expert reports, witness statements, physical evidence, and allegedly ineffective counsel's files at least 35 days before postconviction remedy hearings.

• Requires courts to enter judgments against defendants for costs of prosecution, cost of care, fines, and transportation/housing costs when postconviction remedy motions are denied.

• Prohibits state public defender and alternate defense counsel from representing defendants on second or subsequent postconviction motions unless based on newly discovered evidence of innocence, and requires record retention for 7 years (or until death for class 1 felony convictions).

• Limits collateral attacks on conviction validity to 5 years for non-class 1 felonies, 3 years for other felonies, 18 months for misdemeanors, and 6 months for petty offenses, with no limit for class 1 felonies.