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Bill > HB0601


TN HB0601

TN HB0601
AN ACT to amend Tennessee Code Annotated, Title 40, relative to post-conviction relief.


summary

Introduced
01/30/2025
In Committee
04/02/2025
Crossed Over
04/08/2025
Passed
04/11/2025
Dead
Signed/Enacted/Adopted
04/28/2025

Introduced Session

114th General Assembly

Bill Summary

As enacted, authorizes criminal defendants who plead guilty, best interest, or no contest to also petition for a writ of error coram nobis based on evidence that was, through no fault of the defendant, unknown to the defendant at the time of the plea. - Amends TCA Title 40.

AI Summary

This bill amends Tennessee's post-conviction relief procedures by modifying the existing legal mechanism known as a writ of error coram nobis, which allows convicted defendants to seek relief based on new or previously undiscovered evidence. The bill expands the circumstances under which a convicted person can request post-conviction relief by allowing both the district attorney general and the convicted defendant to jointly file a petition for relief, even after a guilty plea or no contest plea. The revised law permits petitioners to seek relief for errors not reflected in the original trial record, including new scientific or non-scientific evidence that was not known during the original trial and might have resulted in a different judgment. Specifically, the bill requires that the defendant show they were not at fault for failing to present the evidence earlier and that the new evidence could potentially change the original outcome. The bill broadens the scope of post-conviction relief by making it more accessible and flexible, potentially providing a pathway for individuals to challenge their convictions based on newly discovered information that could prove their innocence or warrant a different legal outcome.

Committee Categories

Justice

Sponsors (9)

Last Action

Effective date(s) 04/24/2025 (on 04/28/2025)

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