Vote Smart's Synopsis:

Vote to pass a bill with amendment that reduces the amount of time to file appeals for death row inmates, effective the first day of the third month after the bill becomes law.

Highlights:

• Specifies that post-conviction remedies in a death penalty case must occur at the same time as the direct appeal of a death penalty case (Sec. 2).

• Specifies that petitions for post-conviction relief must be filed within 365 days of the filing of the first brief of a direct appeal for a death penalty case (Sec. 2).

• Specifies that the circuit court must state which claims are dismissed and which will have a hearing within 90 days of the filing of the state’s answer to a properly filed petition for post-conviction relief (Sec. 2).

• Specifies that if the judgement on a direct appeal is issued while a post-conviction relief petition is still pending, the court has 180 days to issue a final decision on the petition or the appeal (Sec. 2).

• Authorizes the circuit court to do one of the following if an untimely petition is filed or if a petition is not filed (Sec. 2):

• Allow the counsel to continue to represent the defendant and set a new filing date for the petition that must be no more than 30 days from the time the court made the decision;

• Dismiss the petition; or

• Appoint a new counsel for the defendant and set a new filing date, which must be no more than 270 days from the time the court appoints the new counsel, after which the court must make a decision on the petition or appeal within 180 days of the filing of the petition;

• Specifies that the petitioner has 6 months to file a petition for post-conviction relief after dismissal or denial, which does not extend the deadline of a previously filed petition (Sec. 2).

Full Bill Text