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CT HB06427
Bill
Status
2/18/2011
Primary Sponsor
Steven Mikutel
Click for details
AI Summary
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Establishes a 3-year deadline for filing habeas corpus petitions in capital felony cases after sentence imposition, or 1 year after final appellate decision or Supreme Court certiorari denial, whichever is later.
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Permits courts to hear late habeas corpus claims if the applicant shows due diligence and either: (1) physical disability or mental disease prevented timely filing, (2) newly discovered evidence establishes innocence by clear and convincing evidence, or (3) the claim is based on a new constitutional interpretation made retroactively applicable.
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Automatically stays execution of sentences during direct appeals for 30 days after termination, during Supreme Court certiorari petitions for 10 days after final determination, and during first habeas corpus or new trial petitions for 30 days after termination; subsequent applications require court approval for stays.
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Requires automatic DNA testing in capital felony cases without a hearing when a defendant requests it, while non-capital defendants must satisfy specific court-ordered criteria regarding reasonable probability of innocence or verdict alteration.
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Allows courts to designate a new execution date within 30 days after stays are lifted and conviction is affirmed.
Legislative Description
An Act Concerning Post-conviction Procedures In Death Penalty Cases.
Last Action
Public Hearing 03/07
3/3/2011