Eligible people may seek new trials beyond three years

The law removes the three-year filing limit for certain petitions seeking a new trial after a criminal conviction. This applies to people seeking a new trial after a felony or class A misdemeanor conviction who meet the listed sentence-related conditions. The conviction must be for a felony or class A misdemeanor, and the petitioner must be incarcerated, serving a sentence, or facing consequences of the sentence. The petition must identify newly discovered evidence and specifically claim innocence. The standard for granting a new trial still applies. The law takes effect January 1, 2027.

The court first reviews whether a petition makes an initial legal showing before deciding whether to hold a hearing. This review process applies to petitions filed under the exception to the three-year deadline. If the petition makes the required initial showing, the court must hold a hearing and appoint a lawyer for a petitioner who cannot afford one. If the petition does not make the required showing, the court may dismiss it. The court may also deny a petition that repeats one already finally decided. The law takes effect January 1, 2027.

When asked, the state must restart victim services while a criminal conviction is being reviewed for a new trial. This applies to the victim of a crime whose criminal conviction is being reconsidered through a new-trial petition. Services continue during the case review and court proceedings. After the case is finally decided, the court decides whether services continue, after consulting the victim or a victim advocate. The law takes effect January 1, 2027.