Bill Text: CT HB05313 | 2011 | General Assembly | Introduced

Connecticut House Bill 5313 (Prior Session Legislation)

Introduced

Bill Title: An Act Limiting The Time Period For Filing A Petition For A Writ Of Habeas Corpus In Death Penalty Cases.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-01-18 - Referred to Joint Committee on Judiciary [HB05313 Detail]

Download: Connecticut-2011-HB05313-Introduced.html


General Assembly		*Proposed Bill No. 5313*
*January Session, 2011*		LCO No. 600

Referred to Committee on Judiciary
Introduced by:
REP. DARGAN, 115^th Dist.

AN ACT LIMITING THE TIME PERIOD FOR FILING A PETITION FOR A WRIT OF HABEAS CORPUS IN DEATH PENALTY CASES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

That the general statutes be amended to require that an application for a writ of habeas corpus challenging the validity of a conviction or sentence in a capital felony case be brought not later than three years after the date the sentence was imposed or one year after the final order of the Connecticut Supreme Court on a direct appeal or the United States Supreme Court on a writ of certiorari, whichever is later, except that, notwithstanding such limitation of time, a court may hear an application if the applicant establishes due diligence in presenting the claim and (1) a physical disability or mental disease precluded timely assertion of the claim, (2) the applicant alleges the existence of newly discovered evidence that would establish the applicant's actual innocence, (3) the applicant's claim is based on a new interpretation of constitutional law that is retroactive, or (4) the applicant establishes that evidence favorable to the applicant was in the exclusive possession of the state and not timely disclosed to the applicant.

Statement of Purpose:

To speed up the post-conviction process in death penalty cases by requiring a state habeas corpus petition be filed within a specified period of time.