Bill > HB360

This bill establishes provisions relating to freestanding claims of actual innocence. It allows a person in the custody or supervision of the Department of Corrections to raise a freestanding claim of actual innocence in any post-conviction proceeding if they question the court's findings in the original criminal case. The court has the authority to review, decide, and issue an order on such a claim if there is clear and convincing evidence supporting the claim of actual innocence. The court can consider evidence not presented at the original trial, plea, post-conviction hearing, or direct appeal, including any state or federal habeas claims. If the court determines that the burden of proof has been met by clear and convincing evidence, the court shall vacate or set aside the judgment.