HF 4045

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 09:32pm

A bill for an act
relating to public safety; authorizing counties to hear otherwise time-barred petitions
for postconviction relief in certain circumstances; 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 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, and the evidence is not cumulative to evidence presented at trial, is not for
impeachment purposes, and establishes by a clear and convincing standard that the petitioner
is innocent of the offense or offenses for which the petitioner was convicted;

(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; new text begin or
new text end

(4) the petition is brought pursuant to subdivision 3 deleted text begin ; or deleted text end new text begin .
new text end

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

(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 (d) Notwithstanding paragraph (a), (b), or (c), a court may hear a petition for
postconviction relief regardless of when it is filed if the petitioner establishes to the
satisfaction of the court that the petition is not frivolous and is in the interests of justice.
new text end