HF 1109

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to postconviction remedies; changing evidentiary standards for
postconviction relief; expanding the scope of evidence retained for postconviction
relief; amending Minnesota Statutes 2006, sections 590.01, subdivision 4;
590.10, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, 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 deleted text begin , including
scientific evidence, deleted text end 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 deleted text begin clear and convincing standard deleted text end new text begin
reasonable probability new text end 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;

(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.

Sec. 2.

Minnesota Statutes 2006, section 590.10, subdivision 1, is amended to read:

Subdivision 1.

Preservation.

Notwithstanding any other provision of law, all
appropriate governmental entities shall retain any biological evidence relating to the
identification of new text begin a perpetrator secured in relationship to an investigation or new text end a defendant
used to secure a conviction in a criminal case until expiration of sentence unless earlier
disposition is authorized by court order after notice to the defendant and defense counsel.
No order for earlier disposition of this evidence shall be issued if the defendant or defense
counsel objects.

deleted text begin The governmental entity need retain only the portion of such evidence as was
used to obtain an accurate biological sample used to obtain a conviction. deleted text end If the size of
the biological sample requires that it be consumed in analysis, the Minnesota Rules of
Criminal Procedure shall apply. If evidence is intentionally destroyed after the filing of a
petition under section 590.01, subdivision 1a, the court may impose appropriate sanctions
on the responsible party or parties.