Vote Smart's Synopsis:

Vote to pass a bill that establishes a streamlined system for individuals to overturn certain wrongful convictions.

Highlights:

• Authorizes the nullification of previous criminal offenses on the basis of the offense being subsequently decriminalized (Sec. 1). 

• Requires the court to vacate a conviction on the basis of this law if it meets the standard of legal nullity (Sec. 1).

• Specifies that new types of evidence can include newly available forensic evidence or originally repudiated evidence that has subsequently been proven to be true by previous (Sec. 1). 

• Repeals a previous conviction if it is against a person who is actually innocent as proved by a preponderance of the evidence that no jury would have found the applicant guilty beyond a reasonable doubt (Sec. 1). 

• Specifies that if all the evidence was not presented during a prior conviction then the court shall grant a motion or order a hearing (Sec. 1). 

• Repeals previous evidence obtained through methods that  exceeded  the  maximum  allowed by law, obtained or imposed in violation of the defendant's constitutional rights,  or was otherwise invalid as a matter of law (Sec. 1). 

• Requires the court to assign a defense council when there is an actual claim of relief according to this article (Sec. 1). 

• Specifies that if a judge refuses defense counsel they must submit the reasoning in writing (Sec. 1). 

• Specifies that if the original judge is no longer employed then a new judge will be assigned at random for the case (Sec. 1).

• Specifies that at the request of the applicant the court shall order the people to make available a copy of the case, the defense's complete file of the case, probation records, law enforcement files or anything else the courts have on the case (Sec. 1). 

• Authorizes the defendant to raise a challenge to the conviction when there is forensic evidence that the defendant would have benefited from at the time of conviction (Sec. 1). 

• Requires the chief administrator of the courts to collect data on applications for new trials based on the subsequent act (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes a streamlined system for individuals to overturn certain wrongful convictions.

Highlights:

• Authorizes the nullification of previous criminal offenses on the basis of the offense being subsequently decriminalized (Sec. 1). 

• Requires the court to vacate a conviction on the basis of this law if it meets the standard of legal nullity (Sec. 1).

• Specifies that new types of evidence can include newly available forensic evidence or originally repudiated evidence that has subsequently been proven to be true by previous (Sec. 1). 

• Repeals a previous conviction if it is against a person who is actually innocent as proved by a preponderance of the evidence that no jury would have found the applicant guilty beyond a reasonable doubt (Sec. 1). 

• Specifies that if all the evidence was not presented during a prior conviction then the court shall grant a motion or order a hearing (Sec. 1). 

• Repeals previous evidence obtained through methods that  exceeded  the  maximum  allowed by law, obtained or imposed in violation of the defendant's constitutional rights,  or was otherwise invalid as a matter of law (Sec. 1). 

• Requires the court to assign a defense council when there is an actual claim of relief according to this article (Sec. 1). 

• Specifies that if a judge refuses defense counsel they must submit the reasoning in writing (Sec. 1). 

• Specifies that if the original judge is no longer employed then a new judge will be assigned at random for the case (Sec. 1).

• Specifies that at the request of the applicant the court shall order the people to make available a copy of the case, the defense's complete file of the case, probation records, law enforcement files or anything else the courts have on the case (Sec. 1). 

• Authorizes the defendant to raise a challenge to the conviction when there is forensic evidence that the defendant would have benefited from at the time of conviction (Sec. 1). 

• Requires the chief administrator of the courts to collect data on applications for new trials based on the subsequent act (Sec. 1).

Full Bill Text