SB1266 allows any person to petition to vacate a conviction or sentence if it is legally invalid or if there is new evidence of innocence, regardless.
SB1266 amends the Code of Criminal Procedure of 1963 to allow any person to file a petition to vacate a conviction or sentence if it is legally invalid due to prejudicial error or if there is newly discovered evidence of actual innocence. The petition can be filed regardless of the person's criminal custody status or citizenship or immigration status. The petition must be filed in the same proceeding in which the order or judgment was entered. The court may grant the petition to vacate the conviction or sentence if the petitioner establishes the grounds by a preponderance of the evidence.
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- Overview
- Core Provisions
- Implementation
- Impact
- Legal Framework
- Critical Issues
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