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2013 SESSION

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HB 1355 Writs of actual innocence; petitions.

Introduced by: Joseph D. Morrissey | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Petitions for writs of actual innocence. Provides that petitions for writs of actual innocence in the case of either biological or nonbiological evidence may be brought for any felony and upon any plea. The bill also provides that, for both writs, the petitioner shall allege that the new evidence, had it been available at trial, would have created in a rational trier of fact reasonable doubt as to the guilt of the petitioner, as opposed to the current required allegation that the evidence "will prove that no rational trier of fact could have found proof of guilt beyond a reasonable doubt." For the writ based on nonbiological evidence, the bill removes the limit that only one writ per conviction may be filed.

FULL TEXT

• 11/30/12  House: Prefiled and ordered printed; offered 01/09/13 13101392D  pdf

HISTORY

• 11/30/12  House: Prefiled and ordered printed; offered 01/09/13 13101392D
• 11/30/12  House: Referred to Committee for Courts of Justice
• 01/15/13  House: Assigned Courts sub: #1 Criminal
• 01/16/13  House: Subcommittee recommends passing by indefinitely by voice vote
• 02/05/13  House: Left in Courts of Justice