Bill > SB344

This bill establishes a new procedure for individuals convicted of crimes to seek a writ of habeas corpus, which is a legal order to bring a person before a court to determine if their detention is lawful, when they have new scientific evidence. Specifically, it applies to relevant scientific evidence that was either unavailable at the time of trial or contradicts the scientific evidence used by the prosecution. To be eligible for relief, the convicted person must file an application demonstrating that this scientific evidence is now available and could not have been discovered earlier through reasonable diligence, and that it would be admissible in court. Crucially, the court must find that if this new scientific evidence had been presented at trial, the person likely would not have been convicted. This new procedure also clarifies that claims based on such newly discovered scientific evidence could not have been raised in previous applications for a writ of habeas corpus if the scientific knowledge or method itself has changed since the original trial or prior application.