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IN HB1314
Bill
Status
1/6/2026
Primary Sponsor
Andrew Ireland
Click for details
AI Summary
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Establishes a statutory framework for postconviction relief proceedings in Indiana, allowing convicted persons to challenge convictions or sentences based on constitutional violations, jurisdictional errors, excessive sentences, newly discovered evidence, or unlawful revocation of probation/parole
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Sets a 1-year filing deadline for noncapital cases and 180-day deadline for capital cases, running from the later of: final judgment, removal of state-created filing impediments, recognition of new retroactive constitutional rights, or discovery of new factual predicates
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Requires the state public defender to represent indigent petitioners incarcerated in the Department of Correction if proceedings are determined meritorious; petitioners may also hire private counsel or proceed pro se
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Restricts successive petitions to claims relying on new retroactive constitutional rules or newly discovered facts that could establish by clear and convincing evidence that no reasonable trier of fact would have found the petitioner guilty
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Prohibits courts from imposing a more severe penalty upon resentencing after successful postconviction relief unless the court documents reasons based on the petitioner's conduct occurring after the original sentence
Legislative Description
Postconviction proceedings.
Last Action
First reading: referred to Committee on Courts and Criminal Code
1/6/2026