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MN HF3975

Bill

Status

Introduced

3/2/2020

Primary Sponsor

Carlos Mariani

Click for details

Origin

House of Representatives

91st Legislature 2019-2020

AI Summary

  • Modifies Minnesota Statutes 2018, section 590.01, subdivision 4, to add exceptions to the two-year time limit for filing postconviction relief petitions.

  • Allows courts to hear petitions filed after the two-year deadline if the petitioner establishes physical disability or mental disease precluded timely filing.

  • Permits late petitions based on newly discovered scientific or other evidence that could not have been found through due diligence and establishes innocence by clear and convincing standard.

  • Allows courts to hear petitions asserting new interpretations of federal or state constitutional or statutory law by the U.S. Supreme Court or Minnesota appellate courts that are retroactively applicable.

  • Adds new exception allowing late petitions when a conviction resulted from incorrect or absent advice from counsel regarding immigration consequences and the petitioner is in removal proceedings, detained for removal, or received notice to report for removal.

Legislative Description

Postconviction relief time limit modified for when a court may hear a petition.

Last Action

Author added Moran

5/12/2020

Committee Referrals

Judiciary Finance and Civil Law3/2/2020

Full Bill Text

No bill text available