Official Summary Text
This Amendment to Senate Substitute 1 for Senate Bill No. 58 replaces “application” with “petition,” in order to maintain consistency in how a petition seeking relief under § 4505 of Title 11 is described.
In addition, this Amendment gives the court discretion to take certain actions if it finds that a petitioner has made a prima facie showing of the requirements for relief under § 4505 of Title 11.
Finally, this Amendment provides that if a petitioner has established entitlement to relief under § 4505 of Title 11, the court shall grant such relief as it deems appropriate, which may include vacating the petitioner’s conviction.
Current Bill Text
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Legislation Document
SPONSOR:
Sen. Hoffner
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE AMENDMENT NO. 1
TO
SENATE SUBSTITUTE NO. 1
FOR
SENATE BILL NO. 58
AMEND Senate Substitute 1 for Senate Bill No. 58 on line 22 by deleting “
application
” as it appears therein and inserting in lieu thereof “
petition
”.
FURTHER AMEND Senate Substitute 1 for Senate Bill No. 58 on line 31 by deleting “
application,
” as it appears therein and inserting in lieu thereof “
petition,
”.
FURTHER AMEND Senate Substitute 1 for Senate Bill No. 58 on line 33 by deleting “
application,
” as it appears therein and inserting in lieu thereof “
petition,
”.
FURTHER AMEND Senate Substitute 1 for Senate Bill No. 58 on line 34 by deleting “
original application or a previously considered application
” as it appears therein and inserting in lieu thereof “
original petition or a previously considered petition
”.
FURTHER AMEND Senate Substitute 1 for Senate Bill No. 58 on line 57 by deleting “
shall
” as it appears therein and inserting in lieu thereof “
may
”.
FURTHER AMEND Senate Substitute 1 for Senate Bill No. 58 on line 63-64 by deleting “
vacate the petitioner’s conviction and grant the petitioner’s motion for a new trial.
” as it appears therein and inserting in lieu thereof “
grant such relief as it deems appropriate, which may include vacatur of the petitioner’s conviction.
”.
SYNOPSIS
This Amendment to Senate Substitute 1 for Senate Bill No. 58 replaces “application” with “petition,” in order to maintain consistency in how a petition seeking relief under § 4505 of Title 11 is described.
In addition, this Amendment gives the court discretion to take certain actions if it finds that a petitioner has made a prima facie showing of the requirements for relief under § 4505 of Title 11.
Finally, this Amendment provides that if a petitioner has established entitlement to relief under § 4505 of Title 11, the court shall grant such relief as it deems appropriate, which may include vacating the petitioner’s conviction.
Author: Senator Hoffner