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MN SF2495

Bill

Status

Introduced

3/14/2019

Primary Sponsor

Foung Hawj

Click for details

Origin

Senate

91st Legislature 2019-2020

AI Summary

  • Establishes a two-year time limit for filing petitions for postconviction relief, measured from either the entry of judgment or the appellate court's disposition of a direct appeal.

  • Allows courts to hear petitions filed after the two-year deadline if the petitioner establishes physical disability or mental disease prevented timely filing, newly discovered evidence proving innocence by clear and convincing standard, or a retroactively applicable new interpretation of constitutional or statutory law by the U.S. Supreme Court or Minnesota appellate court.

  • Permits courts to hear late petitions if the petitioner demonstrates the petition is not frivolous and serves the interests of justice, or if the petitioner faces removal proceedings, detention for deportation, or is likely to be deported.

  • Requires any petition invoking an exception to the two-year deadline must be filed within two years of when the petitioner has actual knowledge of the consequence of the criminal conviction.

Legislative Description

Postconviction relief petition hearings procedures modification

Last Action

Chief author added Hawj

3/4/2020

Committee Referrals

Judiciary and Public Safety Finance and Policy3/14/2019

Full Bill Text

No bill text available