Amends TCA Title 39; Title 40 and Chapter 375 of the Public Acts of 2023.
Present law requires a death sentence to be carried out within 30 business days of the conclusion of any appeal and the exhaustion of all available methods of post-conviction relief if the person has been sentenced to the punishment of death and the jury has determined that the sentence must be expediated. This bill adds to the present law by clarifying that all appeals and the exhaustion of all available methods of post-conviction relief are considered concluded after the defendant has pursued at least one unsuccessful challenge to the defendant's conviction and sentence through a direct appeal, a state post-conviction proceeding, and a federal habeas corpus proceeding. If a court refuses to hear an appeal, then that appeal is considered concluded. APPEAL AND REVIEW OF DEATH SENTENCE This bill requires a person sentenced to the punishment of death to file all post-conviction appeals within 180 days of the original sentence and the conclusion of an unsuccessful appeal. The attorney general must notify the person sentenced to the punishment of death and the person's attorney if two or more appeals can be filed simultaneously. At the conclusion of the 180 days, the attorney general must file a motion requesting that the supreme court set an execution date.
Present law requires a death sentence to be carried out within 30 business days of the conclusion of any appeal and the exhaustion of all available methods of post-conviction relief if the person has been sentenced to the punishment of death and the jury has determined that the sentence must be expediated. This bill adds to the present law by clarifying that all appeals and the exhaustion of all available methods of post-conviction relief are considered concluded after the defendant has pursued at least one unsuccessful challenge to the defendant's conviction and sentence through a direct appeal, a state post-conviction proceeding, and a federal habeas corpus proceeding. If a court refuses to hear an appeal, then that appeal is considered concluded. APPEAL AND REVIEW OF DEATH SENTENCE This bill requires a person sentenced to the punishment of death to file all post-conviction appeals within 180 days of the original sentence and the conclusion of an unsuccessful appeal. The attorney general must notify the person sentenced to the punishment of death and the person's attorney if two or more appeals can be filed simultaneously. At the conclusion of the 180 days, the attorney general must file a motion requesting that the supreme court set an execution date.
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