PCR Bill Language — Decriminalizing Communities

Postconviction Relief Reform Bill LANGUAGE

Minn Stat 590.01 Post Conviction

Subd. 4.Time limit.

(a) No petition for postconviction relief may be filed more than two years after the later of:

(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or

(2) an appellate court’s disposition of petitioner’s direct appeal.

(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief if:

(1) the petitioner establishes that a physical disability or mental disease precluded a timely

assertion of the claim;

(2) the petitioner alleges the existence of newly discovered evidence, including scientific

evidence, that could not have been ascertained by the exercise of due diligence by the petitioner

or petitioner’s attorney within the two-year time period for filing a postconviction petition, and

the evidence is not cumulative to evidence presented at trial, is not for impeachment purposes,

and establishes by a clear and convincing standard that the petitioner is innocent of the offense or

offenses for which the petitioner was convicted;

(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory

law by either the United States Supreme Court or a Minnesota appellate court and the petitioner

establishes that this interpretation is retroactively applicable to the petitioner’s case; or

(4) the petition is brought pursuant to subdivision 3.; or

(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous

and is in the interests of justice.

years of the date the claim arises.

(d) Notwithstanding paragraph (a), (b), or (c), a court may grant a petition if the petitioner

establishes to the satisfaction of the court that the petition is not frivolous and is in the interests

of justice.