Bills › 88th General Assembly
HSB 28
Where it is now
- Done: IntroducedJanuary 31, 2019
- Done: SubcommitteeJanuary 22, 2019
- Done: House committeeFebruary 6, 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 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. 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. _____ the same conviction accessible to the applicant’s attorney, the county attorney, and the attorney general. If 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.
Changed since by amendments H-1239, S-3056; see Amendments.
House subcommittee
Named January 22, 2019. On February 5, 2019 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
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88th General Assembly