Tennessee 2023-2024 Regular Session

Tennessee House Bill HB2811

Introduced
1/31/24  

Caption

AN ACT to amend Tennessee Code Annotated, Title 27 and Title 40, relative to evidence.

Impact

The proposed changes could have profound implications for the justice system in Tennessee. By easing the process by which convicted individuals can seek relief, the bill aims to ensure that wrongful convictions can be addressed more readily and that justice can be served in light of new information. This means the potential for cases to be reopened if compelling new evidence emerges, which may lead to a shift in how conviction rates and justice outcomes are perceived throughout the state.

Summary

House Bill 2811 seeks to amend Tennessee Code Annotated, Title 27 and Title 40, presenting a new framework for petitions alleging actual innocence based on new evidence. The bill allows individuals convicted of crimes to file a petition at any time if they can present new evidence that was not known at the time of their trial. This is significant as it would create an avenue for potentially exonerating those who may have been wrongfully convicted without the need to demonstrate an independent constitutional violation.

Sentiment

The sentiment surrounding HB 2811 appears to be generally supportive among advocates for criminal justice reform and those concerned with wrongful convictions. Many proponents view the bill as a necessary step towards rectifying past injustices in the legal system. However, there may be opposition from those who are skeptical of claims of innocence, suggesting that such a provision could be misused or lead to challenges in maintaining the integrity of past verdicts.

Contention

Notable points of contention may arise regarding the implementation of this bill, particularly in the legal thresholds for what constitutes 'new evidence' and how it is proven to the court. Those in favor of stringent justice standards may argue against diluting the process of post-conviction relief, fearing that this could lead to an influx of frivolous claims. Balancing the need for fair legal processes while ensuring that justice prevails for the wrongfully convicted will be a key challenge if the bill is enacted.

Companion Bills

TN SB2848

Crossfiled AN ACT to amend Tennessee Code Annotated, Title 27 and Title 40, relative to evidence.

Previously Filed As

TN SB2848

AN ACT to amend Tennessee Code Annotated, Title 27 and Title 40, relative to evidence.

TN SB0256

AN ACT to amend Tennessee Code Annotated, Title 40, relative to post-conviction relief.

TN HB0601

AN ACT to amend Tennessee Code Annotated, Title 40, relative to post-conviction relief.

TN HB1285

AN ACT to amend Tennessee Code Annotated, Title 12; Title 39; Title 40; Title 47; Title 53; Title 55; Title 57; Title 67; Title 69 and Title 70, relative to forfeiture.

TN SB1462

AN ACT to amend Tennessee Code Annotated, Title 12; Title 39; Title 40; Title 47; Title 53; Title 55; Title 57; Title 67; Title 69 and Title 70, relative to forfeiture.

TN SB1055

AN ACT to amend Tennessee Code Annotated, Title 7; Title 16; Title 38; Title 40; Title 55 and Title 57, relative to expunction.

TN HB1257

AN ACT to amend Tennessee Code Annotated, Title 7; Title 16; Title 38; Title 40; Title 55 and Title 57, relative to expunction.

TN HB0696

AN ACT to amend Tennessee Code Annotated, Title 37; Title 40 and Title 41, relative to the Extended Juvenile Jurisdiction Act.

TN SB0718

AN ACT to amend Tennessee Code Annotated, Title 37; Title 40 and Title 41, relative to the Extended Juvenile Jurisdiction Act.

TN HB2644

AN ACT to amend Tennessee Code Annotated, Title 36 and Title 37, relative to children.

Similar Bills

No similar bills found.