Bill > HB1314

This bill establishes a new procedure for postconviction relief in Indiana, effective July 1, 2026, which will replace all other existing legal remedies for challenging convictions or sentences. It defines "public defender" as the state public defender and outlines the grounds on which a person convicted or sentenced in Indiana can seek relief, including claims that the conviction or sentence violates constitutional rights, that the court lacked jurisdiction, that the sentence is erroneous, or that new evidence exists that could prove innocence. The bill details the process for filing a petition, including requirements for verification, filing fees (none required), and the distribution of copies to the prosecuting attorney and, in capital cases, the attorney general. It also addresses the appointment of legal counsel, allowing for representation by the public defender for indigent incarcerated individuals if the case is deemed meritorious, and outlines procedures for changes of judge, amendments to petitions, and evidentiary hearings, which will be conducted without a jury. The bill specifies that the petitioner bears the burden of proof by a preponderance of the evidence and establishes appeal processes, with the Supreme Court having jurisdiction in death penalty cases and the Court of Appeals in all others. Furthermore, it sets limitations for filing petitions: one year for noncapital cases and 180 days for capital cases, with specific conditions for when these periods begin to run, and it also governs the filing of second or successive petitions, requiring a showing of new constitutional law or newly discovered factual evidence. Finally, the bill clarifies that if a sentence is set aside and a new one is imposed, the new penalty cannot be more severe than the original unless specific reasons are documented, and it provides for credit for time served.