HB 5502 Summary

• Establishes new procedures for habeas corpus applications challenging conviction, sentence, or Psychiatric Security Review Board commitment validity, effective October 1, 2010.

• Imposes a filing deadline of three years after sentencing or one year after final appellate decision, whichever is later, with limited exceptions for newly discovered evidence, constitutional law changes, or state-withheld evidence.

• Bars claims that were previously raised or could have been raised at trial, on direct appeal, or in earlier habeas proceedings unless applicant demonstrates good cause or presents newly discovered evidence of actual innocence.

• Requires applicants to establish prima facie cases with affidavits or certifications before courts may hold evidentiary hearings, and restricts hearing grants to cases with material factual disputes unresolvable from existing records.

• Authorizes courts to appoint counsel for indigent applicants filing second or subsequent habeas applications that meet procedural requirements and serve interests of justice.