Appeal and Review

Plain English Breakdown

Checked against official source text during the last sync.

Post-Conviction Relief for Actual Innocence

This bill allows people convicted of crimes to file a petition based on new evidence that proves their innocence and requires courts to review these petitions without charging fees.

What This Bill Does

• Allows criminal defendants or district attorneys to request relief by filing a petition if they have new evidence proving actual innocence.
• Requires the court to assume the truth of the new evidence when reviewing the petition.
• Gives the defendant the responsibility to prove their innocence at a hearing based on the new evidence.
• Permits appeals to be taken to the court of criminal appeals if relief is granted or denied.
• Specifies that the attorney general must represent the state in cases involving death sentences, while district attorneys handle other cases.

Who It Names or Affects

• People convicted of crimes who have new evidence proving their innocence.
• Courts and judges reviewing these petitions.
• District attorneys and the attorney general representing the state.

Terms To Know

Actual Innocence

New evidence that clearly shows a person did not commit the crime they were convicted of.

Colorable Claim

A claim that appears to have merit and is worth investigating further.

Limits and Unknowns

• The bill does not specify how much state incarceration expenditures will be reduced.
• It's unclear how many cases will qualify for relief under this new law.

Official Summary Text

This bill authorizes a district attorney general or a person convicted of a cri
minal offense, at any time, to request relief under this bill by filing a petition alleging actual innocence based on new evidence, if a petition has not been previously filed and determined under this bill based on the same evidence. Relief under this b
i
ll does not require proof of an independent constitutional violation.

This bill provides that a proceeding under this bill is commenced by filing a written petition alleging actual innocence based on new evidence with the court in which the conviction oc
curred. The clerk must not charge a fee for the filing of the petition. A petition under this bill precludes filing a motion to reopen, or a petition, based upon the same new evidence. 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.

If the court determines that the petitioner has f
iled a colorable claim alleging actual innocence, based on new evidence, then this bill requires the court to issue an order scheduling the matter for a hearing. The court must assume the veracity of the new evidence at the filing stage. At the hearing,

the petitioner has the burden of proving that the new evidence establishes the petitioner's actual innocence.

RELIEF

This bill authorizes a petitioner to 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. If the court determines that the petitioner has shown that the new evidence establishes the petitioner's actual innocence, then the court must vacate the conviction and order a new

trial. If the court determines that the petitioner has not shown that the new evidence establishes the petitioner's actual innocence, then the court must dismiss the petition. The order granting or denying relief is a final judgment, and an appeal may b
e
taken to the court of criminal appeals in the manner prescribed by the Tennessee rules of appellate procedure.

For a petition filed under this bill, this bill requires the attorney general to represent the state if the petition seeks review of a judgmen
t imposing a sentence of death. For all other petitions, the district attorney general must represent the state. After receiving a petition for relief under this bill, the clerk must mail a copy of the petition to the office representing the state.

ON
APRIL 7, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 601, AS AMENDED.

AMENDMENT #1 rewrites this bill. Present law establishes a proceeding by which a person convicted of a crime may petition for a writ to correct the judgment based on er
rors outside the record
and to matters that were not or could not have been litigated on the trial of the case, on a motion for a new trial, on appeal in the nature of a writ of error, on writ of error, or in a habeas corpus proceeding
(a writ of error cor
am nobis).

This bill authorizes criminal defendants who
plea
d
guilt
y
, best interest, or no contest
to also petition for a writ of error coram nobis based on evidence that was, through no fault of the defendant, unknown to the defendant at the time of the
plea.
In cases in which the defendant entered a plea, the suing out of the writ commence
s
by order of the court for claims jointly presented for relief by the district attorney general and the convicted defendant.

Current Bill Text

SENATE BILL 256
By Gardenhire

HOUSE BILL 601
By Freeman

HB0601
001862
- 1 -

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.