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Minnesota Legislature

Office of the Revisor of Statutes

SF 2495

as introduced - 91st Legislature (2019 - 2020) Posted on 03/15/2019 09:36am

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

Current Version - as introduced

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A bill for an act
relating to judiciary; modifying when court may hear petition for postconviction
relief; amending Minnesota Statutes 2018, section 590.01, subdivision 4.

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

Section 1.

Minnesota Statutes 2018, 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;

(4) the petition is brought pursuant to subdivision 3; deleted text beginor
deleted text end

(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous
and is in the interests of justicedeleted text begin.deleted text endnew text begin; or
new text end

new text begin (6) the petitioner is either placed into removal proceedings, detained for the purpose of
deportation, or deportation may be likely.
new 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 A claim arises when the petitioner has actual
knowledge of the consequence of the criminal conviction.
new text end