Michael Novakhov voted Yea (Passage) on this Legislation.
Title: Establishes a Streamlined System for Individuals to Overturn Certain Wrongful Convictions
Vote to pass a bill that establishes a streamlined system for individuals to overturn certain wrongful convictions.
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).
Title: Establishes a Streamlined System for Individuals to Overturn Certain Wrongful Convictions
Vote to pass a bill that establishes a streamlined system for individuals to overturn certain wrongful convictions.
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).
Title: Establishes a Streamlined System for Individuals to Overturn Certain Wrongful Convictions