Postconviction Remedy Proceedings

The bill prohibits a defendant from bringing a second or subsequent claim for postconviction remedy on the grounds of ineffective assistance of counsel in a prior postconviction proceeding. The bill creates discovery procedures for postconviction remedy hearings. In the event a motion for postconviction remedy is denied, the bill requires the court to enter a judgment against the defendant for the amount of the costs of prosecution, the amount of the cost of care, and any fine imposed. Furthermore, the bill allows the court to assess against the defendant the costs of transporting and housing the defendant from another facility to appear in court on a motion for postconviction remedy. The bill prohibits the state public defender or an attorney who contracts with the office of alternate defense counsel from representing or advising a defendant on a second or subsequent claim for postconviction remedy, unless the motion is based upon newly discovered evidence of innocence. The bill requires the state public defender and an attorney who contracts with the office of alternate defense counsel to retain records related to the representation of defendants for 7 years, or until the defendant's death, if the defendant was convicted of a class 1 felony. The bill limits the time period that a defendant may collaterally attack the validity of the conviction or adjudication to 5 years. (Note: This summary applies to this bill as introduced.) Read More