Amends TCA Title 27 and Title 40.
This bill authorizes a district attorney general or a person convicted of a criminal offense to, at any time, request relief under this bill by filing a petition alleging actual innocence based on evidence not known by the judge or jury at the time guilt was determined or at the time of conviction ("new evidence") if a petition has not been previously filed and determined under this bill based on the same evidence. Relief under this bill does not require proof of an independent constitutional violation. This bill provides that a proceeding under this bill is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition alleging actual innocence based on new evidence. This bill prohibits the clerk from charging a fee for the filing of the petition. This bill requires the petition to include allegations of fact supporting each claim for relief. The petition and any amended petition must be verified under oath. Affidavits, records, or other evidence supporting the allegations in the petition may be attached to the petition. If the court determines that the petitioner has filed a facially valid petition alleging actual innocence based on new evidence, then the court must issue an order scheduling the matter for a hearing within 30 days. This bill provides that 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, it is more likely than not that no reasonable judge or juror would have convicted the petitioner of the offense. This bill provides the following, irrespective of whether the conviction or finding of guilt was determined following a jury trial, plea of guilty, plea of best interest, or plea of no contest: (1) If the court determines that the petitioner has shown that it is more likely than not that no reasonable judge or juror would have convicted the petitioner of the offense if the new evidence had been known by the judge or jury at the time guilt was determined or at the time of conviction, then the court must vacate and set aside the conviction; or (2) If the court determines that the petitioner has not shown that it is more likely than not that no reasonable judge or juror would have convicted the petitioner of the offense if the new evidence had been known by the judge or jury at the time guilt was determined or at the time of conviction, then the court must dismiss the petition.
This bill authorizes a district attorney general or a person convicted of a criminal offense to, at any time, request relief under this bill by filing a petition alleging actual innocence based on evidence not known by the judge or jury at the time guilt was determined or at the time of conviction ("new evidence") if a petition has not been previously filed and determined under this bill based on the same evidence. Relief under this bill does not require proof of an independent constitutional violation. This bill provides that a proceeding under this bill is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition alleging actual innocence based on new evidence. This bill prohibits the clerk from charging a fee for the filing of the petition. This bill requires the petition to include allegations of fact supporting each claim for relief. The petition and any amended petition must be verified under oath. Affidavits, records, or other evidence supporting the allegations in the petition may be attached to the petition. If the court determines that the petitioner has filed a facially valid petition alleging actual innocence based on new evidence, then the court must issue an order scheduling the matter for a hearing within 30 days. This bill provides that 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, it is more likely than not that no reasonable judge or juror would have convicted the petitioner of the offense. This bill provides the following, irrespective of whether the conviction or finding of guilt was determined following a jury trial, plea of guilty, plea of best interest, or plea of no contest: (1) If the court determines that the petitioner has shown that it is more likely than not that no reasonable judge or juror would have convicted the petitioner of the offense if the new evidence had been known by the judge or jury at the time guilt was determined or at the time of conviction, then the court must vacate and set aside the conviction; or (2) If the court determines that the petitioner has not shown that it is more likely than not that no reasonable judge or juror would have convicted the petitioner of the offense if the new evidence had been known by the judge or jury at the time guilt was determined or at the time of conviction, then the court must dismiss the petition.
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