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ID H0358

Bill

Status

Introduced

3/22/2023

Primary Sponsor

David Cannon

Click for details

Origin

House of Representatives

2023 Regular Session

AI Summary

  • Adds a new post-conviction relief ground allowing petitioners to challenge convictions based on new forensic scientific evidence that undermines evidence presented at trial, provided the evidence was not ascertainable through reasonable diligence.

  • Defines "forensic scientific evidence" to include scientific knowledge, expert opinions, forensic analyst reports, and scientific methods or techniques, and specifies when such evidence is "undermined" by new research showing it cannot be reliably repeated or is not reliable in practice.

  • Creates a procedure for filing petitions under section 19-4902(h) requiring petitioners to show relevant forensic evidence was not ascertainable through reasonable diligence and that new evidence undermines trial evidence.

  • Allows courts to grant relief if they find by preponderance of evidence that the petitioner would not have been convicted had the new forensic evidence been presented at trial.

  • Protects experts from liability for repudiating their original opinions or having them undermined by later scientific research or technological advancements, and declares the act effective July 1, 2023.

Legislative Description

Amends existing law to provide for the consideration of forensic scientific evidence.

UNIFORM POST-CONVICTION PROCEDURE ACT

Last Action

Reported Printed; Filed in the Office of the Chief Clerk

3/22/2023

Full Bill Text

No bill text available