HF 2400

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/14/2024 12:11pm

A bill for an act
relating to judiciary; amending the standard for a petition for postconviction relief
based on newly discovered evidence; amending Minnesota Statutes 2022, section
590.01, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 590.01, subdivision 4, is amended to read:

Subd. 4.

Time limit.

(a) No petition for postconviction relief may be filed more than
two years after the later of:

(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or

(2) an appellate court's disposition of petitioner's direct appeal.

(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief
if:

(1) the petitioner establishes that a physical disability or mental disease precluded a
timely assertion of the claim;

(2) the petitioner alleges the existence of newly discovered evidence, including scientific
evidence, that new text begin provides the factual predicate for one or more claims for relief, if such evidence
new text end could not have been ascertained by the exercise of due diligence by the petitioner or
petitioner's attorney within the two-year time period for filing a postconviction petition, deleted text begin and
the evidence deleted text end is not cumulative to evidence presented at trial, new text begin and new text end is not for impeachment
purposes deleted text begin , and establishes by a clear and convincing standard that the petitioner is innocent
of the offense or offenses for which the petitioner was convicted deleted text end ;

(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory
law by either the United States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively applicable to the petitioner's
case;

(4) the petition is brought pursuant to subdivision 3; or

(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous
and is in the interests of justice.

(c) Any petition invoking an exception provided in paragraph (b) must be filed within
two years of the date the claim arises.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end