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HF 2400

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 12:56pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to judiciary; amending the standard and timing for a petition for
postconviction relief based on newly discovered evidence; amending Minnesota
Statutes 2022, sections 590.01, subdivision 4; 590.03.


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

(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 facts necessary to sustain one or more legally cognizable claims for
postconviction 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 evidencedeleted text end is not cumulative to evidence presented
at trial, new text begin and new text end is not for impeachment purposesdeleted 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

(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, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 590.03, is amended to read:


Within deleted text begin 20deleted text end new text begin 45new text end days after the filing of the petition pursuant to section 590.01 or within
such time as the judge to whom the matter has been assigned may fix, the county attorney,
or the attorney general, on behalf of the state, shall respond to the petition by answer or
motion which shall be filed with the court administrator of district court and served on the
petitioner if unrepresented or on the petitioner's attorney. No further pleadings are necessary
except as the court may order. The court may at any time prior to its decision on the merits
permit a withdrawal of the petition, may permit amendments thereto, and to the answer.
The court shall liberally construe the petition and any amendments thereto and shall look
to the substance thereof and waive any irregularities or defects in form.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end