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MS HB788
Bill
Status
3/5/2013
Primary Sponsor
Mark Formby
Click for details
AI Summary
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Reduces the statute of limitations for filing post-conviction relief motions from three (3) years to one (1) year after direct appeal ruling or expiration of appeal period.
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Maintains exceptions to the one-year limitation for cases involving intervening Supreme Court decisions, newly discovered evidence not reasonably available at trial, or DNA evidence that could change conviction or sentence outcome.
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Preserves exceptions for capital cases (one-year filing deadline) and cases involving expired sentences or unlawfully revoked probation, parole, or conditional release.
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Allows incarcerated persons, those on parole or probation, or subject to sex offender registration to file motions to vacate sentences, request forensic DNA testing, or seek out-of-time appeals based on specified constitutional violations and other grounds.
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Takes effect July 1, 2013.
Legislative Description
Post-conviction relief; revise time limitation.
Last Action
Died In Committee
3/5/2013