S.F. No. 0028

Post-conviction actual innocence.

Sponsored By: Joint Judiciary Interim Committee

AN ACT relating to criminal procedure; allowing a motion for new trial for persons convicted of a felony upon a showing of actual innocence based on non-DNA evidence; specifying requirements and conditions; providing for compensation; specifying retention of governmental immunity; conforming provisions; and providing for an effective date.

12/18/2013 Bill Number Assigned

2/10/2014 S Received for Introduction

2/11/2014 S Introduced and Referred to S01

ROLL CALL

Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Rothfuss, Schiffer, Scott and Von Flatern

Nays: Senator(s) Ross

Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0

2/14/2014 S01 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Burns, Christensen, Esquibel, F., Hicks and Schiffer

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/14/2014 S Placed on General File

SF0028SS001/ADOPTED

Page 4-line 18 After "evidence" insert "by entry of a final order that is not subject to appeal".

Page 7-line 7 Delete "colorable" insert "non-frivolous prima facie". SCHIFFER

SF0028SW001/ADOPTED

Page 4-line 9 Delete "that".

Page 4-after line 9: Insert and renumber:

"(i)  Whether the movant has previously moved for a new trial under this act for the conviction from which the movant seeks relief; and".

Page 4-line 11 Delete "(i)" insert "(ii)  That".

Page 4-line 14 After "diligence" insert "within two (2) years of the final judgment".

Page 4-line 16 Delete "(ii)" insert "(iii)  That". PERKINS

2/18/2014 S Passed COW

SF0028S2001/ADOPTED

Page 5-line 3 Delete "sixty (60)" insert "one hundred twenty (120)". SCHIFFER

2/19/2014 S Passed 2nd Reading

2/20/2014 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Peterson, Rothfuss, Schiffer, Scott and Von Flatern

Nays: Senator(s) Perkins and Ross

Ayes 28 Nays 2 Excused 0 Absent 0 Conflicts 0

2/21/2014 H Received for Introduction

2/21/2014 H Introduced and Referred to H01

2/25/2014 H01 Recommended Amend and Do Pass

ROLL CALL

Ayes: Representative(s) Baker, Connolly, Gingery, Halverson, Kroeker, Krone, Miller and Watt

Nays: Representative(s) Walters

Ayes 8 Nays 1 Excused 0 Absent 0 Conflicts 0

2/25/2014 H Placed on General File

SF0028HS001/ADOPTED (TO ENGROSSED COPY)

Page 6-line 15 Delete "shall" insert "may". GINGERY, CHAIRMAN

SF0028HW001/WITHDRAWN

3/3/2014 H Passed COW

SF0028H2001/FAILED (TO ENGROSSED COPY)

Delete the standing committee amendment (SF0028HS001/AE) entirely.

Page 1-line 5 After "compensation;" delete balance of line.

Page 1-line 6 Delete "immunity;".

Page 8-lines 19 and 20 Delete entirely and insert "Any party may appeal to the Wyoming supreme court any order granting or denying a motion for a new trial under this act.".

Page 9-lines 15 through 24 Delete entirely and insert "Section. 2. W.S. 7‑6‑104(c)(vii) is amended to read:".

Page 10-lines 1 through 18 Delete entirely. CONNOLLY

SF0028H2002/ADOPTED (TO ENGROSSED COPY)

Page 1-line 4 After ";" insert "providing for actual innocence hearing;".

Page 6-line 4 Delete "trial." insert "trial or determine the motion without a hearing. The motion for a new trial shall be considered and determined and a dispositive order entered within thirty (30) days after the motion is filed. The court may extend the thirty (30) days for entering a dispositive order provided that the time for entering a dispositive order shall not extend beyond one hundred and fifty (150) days after the motion is filed. When disposition of a motion is made without a hearing, the order shall include a statement of the reason for the determination without a hearing.".

Page 6-line 13 Delete "a" insert "the state's".

Page 6-line 14 Delete "by".

Page 6-line 15 Delete line through "retrial".

Page 6-After line 15 Insert:

"(i)  Vacate the movant's conviction; and

(ii)  Issue an order of expungement of the original conviction.".

Page 6-lines 17 through 24 Delete entirely.

Page 7-line 3 Delete ":" insert "issue an order of expungement of the original sentence.".

Page 7-lines 5 through 8 Delete entirely and insert:

"(g)  If the original charges are dismissed or the movant is acquitted after a retrial, the movant shall be entitled to an actual innocence hearing. If an actual innocence hearing is requested, the court shall conduct a review of all past criminal proceedings involving the movant's original conviction and any new evidence relevant to the movant's claim of actual innocence. If the court finds, by a preponderance of the evidence, that the movant is actually innocent as defined in W.S. 7‑12‑401, the court shall issue an order of actual innocence and exoneration.".

Page 9-line 13 After "testing" insert ", except that the conditions of W.S. 7‑12‑316(a)(i) shall not apply.". LUBNAU

3/4/2014 H Passed 2nd Reading

SF0028H3001/ADOPTED (TO ENGROSSED COPY)

Page 6-After line 15 In the Lubnau second reading amendment (SF0028H2002/AE) to this line after "expungement" insert "of the records".

Page 7-line 3 In the Lubnau second reading amendment (SF0028H2002/AE) to this line delete "original sentence" insert "records of the original conviction".

Page 7-lines 5 through 8 Delete entirely, including the Lubnau second reading amendment (SF0028H2002/AE) to these lines and insert:

"(g)  If the original charges are dismissed or the movant is acquitted after a retrial, the movant shall be entitled to an actual innocence hearing if the movant files a request for the hearing within sixty (60) days after entry of an order dismissing the charges or entry of verdict of not guilty. If a request for an actual innocence hearing is timely filed, the court shall conduct a review of all past criminal proceedings involving the movant's original conviction and any new evidence relevant to the movant's claim of actual innocence. If the court finds, by a preponderance of the evidence, that the movant is actually innocent as defined in W.S. 7‑12‑401, the court shall issue an order of actual innocence and exoneration.".

(h)  Subject to subsection (j) of this section, any order of expungement entered pursuant to this section shall be stayed until the later of the following:

(i)  If the movant has applied for compensation under W.S. 7‑12‑410, until a dispositive order is entered under subsection (g) of this section and the time for appeal has expired or, if appealed, upon issuance of a final order or mandate by the Wyoming Supreme Court; or

(ii)  The time for applying for compensation under W.S. 7‑12‑410 has expired.

(j)  An order of expungement pursuant to this section shall not be subject to the provisions of subsection (h) if the movant waives all eligibility to receive compensation under W.S. 7‑12‑410. The waiver shall be filed with the court issuing the order of actual innocence and exoneration.". NICHOLAS, B.

3/5/2014 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Baker, Barlow, Berger, Blake, Blevins, Blikre, Brown, Burkhart, Byrd, Campbell, Cannady, Coleman, Connolly, Davison, Esquibel, K., Filer, Freeman, Gay, Gingery, Goggles, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Lubnau, Madden, Mader, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Piiparinen, Reeder, Semlek, Sommers, Throne, Walters, Watt, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.

Nays: Representative(s) Eklund, Greear, Jaggi, McKim, Stubson and Teeters

Ayes 54 Nays 6 Excused 0 Absent 0 Conflicts 0

3/5/2014 S Received for Concurrence

3/5/2014 S Did Not Concur

ROLL CALL

Nays: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Bebout, Burns, Case, Christensen, Coe, Cooper, Craft, Dockstader, Driskill, Emerich, Esquibel, F., Geis, Hastert, Hicks, Hines, Johnson, Landen, Meier, Nicholas, P., Nutting, Perkins, Peterson, Ross, Rothfuss, Schiffer, Scott and Von Flatern

Ayes 0 Nays 30 Excused 0 Absent 0 Conflicts 0

3/5/2014 S Appointed JCC01 Members

Senator(s) Schiffer, Burns, Perkins

3/6/2014 S Indefinitely Postponed

3/6/2014 H Appointed JCC01 Members

Representative(s) Gingery, Nicholas, B., Stubson