Amends TCA Title 27 and Title 40.

Present law establishes a procedure whereby persons convicted of certain offenses may petition a court for post-conviction relief based on a violation of the prisoner's constitutional rights. Present law also establishes a process whereby certain persons may petition a court for an order to require fingerprint or DNA analysis of evidence that is related to the investigation or prosecution that resulted in a judgment of conviction.<br /> <br /> This bill adds to present law by authorizing a court on its own motion, a district attorney general, or a person convicted of a criminal offense to file a petition for post-conviction relief that alleges actual innocence based on new evidence when other forms of post-conviction or collateral review are not reasonably applicable and a petition has not been previously filed and determined based on the same evidence. For purposes of this bill, "new evidence" means evidence not known by the judge or jury at the time guilt was determined or at the time of conviction. The full text of this bill specifies the requirements for a petition to be facially valid.<br /> <br /> If the court determines that a petitioner has filed a facially valid petition, then the court will be required to schedule the matter for a hearing. At the hearing, the petitioner has the burden of proving that if the new evidence had been known by the judge or jury at the time guilt was determined, then no reasonable judge or juror would have convicted the petitioner of the offense. If the court determines that the petitioner has met such burden, then the court will be required to vacate and set aside the conviction. If the court determines that the petitioner has not met such burden, then the court will be required to dismiss the petition.<br />