Loading chat...

ND SB2227

Bill

Status

Passed

4/29/2013

Primary Sponsor

Ron Carlisle

Click for details

Origin

Senate

63rd Legislative Assembly

AI Summary

  • Establishes a two-year filing deadline for postconviction relief applications, measured from when a conviction becomes final through completion of direct appeal and any U.S. Supreme Court review.

  • Creates exceptions to the two-year deadline for applications involving newly discovered evidence including DNA evidence, physical disability or mental disease that prevented timely filing, or new retroactive interpretations of constitutional or statutory law by appellate courts.

  • Allows courts to summarily dismiss meritless applications, second or successive similar applications, and applications raising issues previously decided by appellate courts without requiring a state response.

  • Prohibits claims of ineffective assistance of postconviction counsel and allows courts to dismiss such grounds on their own motion.

  • Replaces all pre-July 1, 1985 common law and statutory collateral attack remedies with this unified postconviction relief procedure, excluding claims for post-sentence disciplinary or civil rights violations.

Legislative Description

Limitations and summary disposition for postconviction relief proceedings.

Last Action

Signed by Governor 04/26

4/29/2013

Committee Referrals

Judiciary1/18/2013

Full Bill Text

No bill text available