2022 -- H 6641

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LC003471

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR

ACTIONS -- POST CONVICTION REMEDY

     

     Introduced By: Representative Jason Knight

     Date Introduced: January 06, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 10-9.1-1 of the General Laws in Chapter 10-9.1 entitled "Post

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Conviction Remedy" is hereby amended to read as follows:

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     10-9.1-1. Remedy -- To whom available -- Conditions.

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     (a) Any person who has been convicted of, or sentenced for, a crime, a violation of law, or

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a violation of probationary or deferred sentence status and who claims:

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     (1) That the conviction or the sentence was in violation of the constitution of the United

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States or the constitution or laws of this state;

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     (2) That the court was without jurisdiction to impose sentence;

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     (3) That the sentence exceeds the maximum authorized by law, or is otherwise not in

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accordance with the sentence authorized by law;

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     (4) That there exists evidence of material facts, not previously presented and heard, that

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requires vacation of the conviction or sentence in the interest of justice;

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     (5) That his or her sentence has expired, his or her probation, parole, or conditional release

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unlawfully revoked, or he or she is otherwise unlawfully held in custody or other restraint; or

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     (6) That the conviction or sentence is otherwise subject to collateral attack upon any ground

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of alleged error heretofore available under any common law, statutory or other writ, motion,

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petition, proceeding, or remedy; may institute, without paying a filing fee, a proceeding under this

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chapter to secure relief. or

 

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     (7) That the conviction was based, in whole or in part, on scientific evidence that has been

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found or otherwise determined to be discredited by the scientific community; may institute, without

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paying a filing fee, a proceeding under this chapter to secure relief.

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     (b) This remedy is not a substitute for nor does it affect any remedy incident to the

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proceedings in the trial court, or of direct review of the sentence or conviction. Except as otherwise

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provided in this chapter, it comprehends and takes the place of all other common law, statutory, or

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other remedies heretofore available for challenging the validity of the conviction or sentence. It

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shall be used exclusively in place of them.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR

ACTIONS -- POST CONVICTION REMEDY

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     This act would allow a person who has been convicted on the basis, in whole or in part, on

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scientific evidence that has been found or otherwise determined to be discredited by the scientific

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community, eligible to seek post-conviction relief on that ground.

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     This act would take effect upon passage.

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LC003471

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