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NE LB448

Bill

Status

Introduced

1/21/2025

Primary Sponsor

George Dungan

Click for details

Origin

Legislature

109th Legislature

AI Summary

  • Adds "actual innocence" as a new ground for postconviction relief, requiring prisoners to present evidence not shown at trial (such as exculpatory DNA, third-party confessions, or forensic evidence that undermines trial evidence) and prove by clear and convincing evidence a reasonable likelihood of a different trial outcome

  • Allows courts to excuse procedural defaults and the one-year filing deadline to prevent "manifest injustice" when a prisoner makes a colorable claim of actual innocence

  • Requires prior trial/appellate counsel and prosecutors to disclose complete case files to prisoners upon court order, and permits discovery if it could assist in preparing a postconviction motion

  • Eliminates procedural default for ineffective assistance of trial counsel claims that were not raised on direct appeal

  • Formally names the statutory provisions (sections 29-3001 to 29-3004) as the "Postconviction Relief Act" and amends related statutes including public defender eligibility

Legislative Description

Provide for postconviction relief for a claim of actual innocence, change provisions relating to time limitations, required disclosures, and procedural defaults, and name the Postconviction Relief Act

Last Action

Title printed. Carryover bill

1/7/2026

Committee Referrals

Judiciary1/23/2025

Full Bill Text

No bill text available