Bills › 88th General Assembly
Relating to postconviction relief procedure and the underlying trial court record of the proceedings challenged
Sponsored by the House Judiciary Committee
Topics:Courts & civil law
Where it is now
- Done: IntroducedJanuary 31, 2019
- Skipped: SubcommitteeSkipped
- Done: House committeeApril 4, 2019
- Done: Passes the HouseApril 18, 2019
- Skipped: Senate committeeSkipped
- Done: Passes the SenateMarch 20, 201949–0
- Done: To the GovernorApril 30, 2019
- Done: Signed into lawMay 1, 2019
SF 158 became law → The same legislation passed as SF 158, so this version was set aside. Go to SF 158 What’s a funnel?
What’s in it
This bill relates to postconviction relief procedure and the underlying trial court record of the proceedings challenged. The bill strikes a provision which requires that if an application for postconviction relief is not accompanied by the underlying trial court record of the proceedings challenged, the state shall file with its answer the record or portions thereof that are material to the questions raised in the application. The bill provides that the underlying trial court record containing the conviction for which an applicant seeks postconviction relief, as well as the court file containing any previous postconviction relief application filed by the applicant relating to the same conviction, shall automatically become part of the record in a claim for postconviction relief.
Read the full explanation
The bill provides that upon the filing of an application for postconviction relief, the clerk of the district court shall make the underlying trial court record accessible to the applicant’s attorney, the county attorney, and the attorney general, without the necessity of a court order. If the trial court record is not available in electronic format, the clerk shall convert the record to an electronic format and make the record available to the applicant’s attorney, the county attorney, and the attorney general, without the necessity of a court order. Upon request made by an attorney of record, the clerk of the district court shall make the court file containing any previous application for postconviction relief filed by the applicant relating to the same conviction accessible to the applicant’s attorney, the county attorney, and the attorney general, without the necessity of a court order. If the court file containing the previous postconviction relief application is not available in electronic format, the clerk shall convert the application to an electronic format and make the application available to the applicant’s attorney, the county attorney, and the attorney general, without the necessity of a court order. The bill provides that no costs shall be assessed to the applicant, the applicant’s attorney, the county attorney, or the attorney general for converting a court file or providing access to a court file under Code chapter 822 (postconviction procedure).
Changed since by amendments H-1239, S-3056; see Amendments.
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88th General Assembly