SB 686 - Currently, only those persons who allege police or prosecutorial misconduct at their trial can file claims for wrongful conviction. This act allows a person in the custody of the Department of Corrections to raise a freestanding claim of actual innocence in any postconviction action or proceeding challenging the validity of the judgment. The court shall vacate or set aside the judgment if, upon consideration of certain evidence as provided in the act, it finds there is clear and convincing evidence that undermines the validity of the conviction. This act is identical to HB 1075 (2025) and a provision in HB 1783 (2024).
KATIE O'BRIEN