HOUSE BILL 601
By Freeman
SENATE BILL 256
By Gardenhire
SB0256
001862
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AN ACT to amend Tennessee Code Annotated, Title 40,
relative to post-conviction relief.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 40, Chapter 30, is amended by adding
the following as a new part:
40-30-501.
As used in this part:
(1) "Actual innocence" means new evidence that establishes the
petitioner's innocence by clear and convincing evidence or creates a substantial
probability of a different result on retrial; and
(2) "New evidence" means evidence not known by the judge or jury at
the time guilt was determined or at the time of conviction, and includes both
scientific and non-scientific evidence of actual innocence.
40-30-502.
(a) Notwithstanding parts 1, 3, and 4 of this chapter, or another law governing
post-conviction relief, a district attorney general or a person convicted of a criminal
offense may, at any time, request relief under this part by filing a petition alleging actual
innocence based on new evidence, if a petition has not been previously filed and
determined under this part based on the same evidence. Relief under this part does not
require proof of an independent constitutional violation.
(b) A proceeding under this part is commenced by filing a written petition
alleging actual innocence based on new evidence with the court in which the conviction
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occurred. The clerk shall not charge a fee for the filing of the petition. A petition under
this part precludes filing a motion to reopen, pursuant to § 40-30-117, or a petition,
pursuant to § 40-26-105, based upon the same new evidence.
(c) The petition must include allegations of fact supporting each claim for relief.
The petition and any amended petition must be verified under oath. Affidavits, records,
reports, or other evidence supporting the allegations in the petition may be attached to
the petition.
(d) If the court determines that the petitioner has filed a colorable claim alleging
actual innocence, based on new evidence, then the court must issue an order
scheduling the matter for a hearing. The court must assume the veracity of the new
evidence at the filing stage.
(e) At the hearing, the petitioner has the burden of proving that the new evidence
establishes the petitioner's actual innocence.
(f) A petitioner may seek relief, irrespective of whether the conviction or finding
of guilt was determined following a jury trial, plea of guilty, plea of best interest, or plea of
no contest.
(g)
(1) If the court determines that the petitioner has shown that the new
evidence establishes the petitioner's actual innocence, then the court shall
vacate the conviction and order a new trial.
(2) If the court determines that the petitioner has not shown that the new
evidence establishes the petitioner's actual innocence, then the court shall
dismiss the petition.
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(3) The order granting or denying relief is a final judgment, and an appeal
may be taken to the court of criminal appeals in the manner prescribed by the
Tennessee rules of appellate procedure.
(h) For a petition filed under this section, the attorney general and reporter must
represent the state if the petition seeks review of a judgment imposing a sentence of
death. For all other petitions, the district attorney general must represent the state.
(i) If subsection (h) or its application to any person or circumstance is held
invalid, then the invalidity does not affect other provisions or applications of this act that
can be given effect without the invalid provision of application, and to that end, the
provisions of this act are severable.
(j) After receiving a petition for relief under this section, the clerk must mail a
copy of the petition to the office representing the state.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.