Bill > HB1075

This bill establishes a new legal procedure in Missouri that allows individuals currently in the custody or under the supervision of the state's department of corrections to file a "freestanding claim of actual innocence" in a postconviction proceeding. Under this new law, a court can consider and decide such a claim if the person can present clear and convincing evidence that undermines the confidence in their original conviction. The court will review not only new evidence not previously presented, but also the evidence from the original trial, plea, direct appeal, and any prior postconviction proceedings, including state and federal habeas actions. If the court finds that the evidence sufficiently undermines the confidence in the original judgment, it can vacate or set aside the judgment. This provision provides an additional legal avenue for individuals to challenge their convictions based on new or previously unconsidered evidence that could potentially prove their innocence.

Justice

https://house.mo.gov/Bill.aspx?bill=HB1075&year=2025&code=R