Amends TCA Title 8; Title 37; Title 38; Title 39; Title 40 and Title 41.

ATTORNEY GENERAL<br /> <br /> Present law provides where a defendant has been sentenced to death and is seeking collateral review of a conviction or sentence, the attorney general has exclusive control over the state's defense of the request for collateral review. The attorney general is not bound by any stipulations, concessions, or other agreements made by a district attorney general related to a request for collateral review. Additionally, current law restricts a trial court from entering a final order granting relief on a request for collateral review until the attorney general files a response to the request.<br /> <br /> Also, the law requires district attorneys general and their staff to lend necessary assistance to the attorney general in the trial and disposition of requests for collateral review.<br /> <br /> This bill deletes the above provisions entirely. <br /> <br /> This bill also removes the state's responsibility for reimbursing the attorney general for any expenses, including travel, incurred in connection with the preparation and trial for a defendant who has been sentenced to death and is seeking collateral review of a conviction or sentence. <br /> <br /> ANSWER OR RESPONSE<br /> <br /> This bill removes the attorney general's authority to file an answer or responsive pleading in cases where a defendant has been sentenced to death and is seeking collateral review of a conviction or sentence.<br /> <br /> INTELLECTUALLY DISABLED DEFENDANTS<br /> <br /> Present law provides that a defendant who was sentenced to the death penalty prior to April 28, 2023, and whose conviction is final on direct review is authorized to petition the trial court for a determination of whether the defendant is intellectually disabled, and the defendant must serve this motion to the attorney general. This bill changes the date to May 11, 2021. Additionally, this bill removes the requirement that a defendant serve this motion to the attorney general. <br /> <br /> WRIT OF ERROR CORAM NOBIS<br /> <br /> A writ of error coram nobis is a proceeding regarding errors outside the record and to matters there were not or could not have been litigated on the trial of the case. This bill removes the requirement that notice of a writ of error coram nobis suit be served on the attorney general in cases where a defendant has been sentenced to death. <br />