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LB 44

Change limitations period for actions for postconviction relief

109th Legislature (2025-2026) Introduced by Megan Hunt and 1 co-sponsor

Nebraska LB44 extends the postconviction relief deadline: the one-year limit runs from when a prisoner turns 21, empowering those convicted as minors to file up to age 21.

Title printed. Carryover bill
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Bill Summary · LB 44

Summary of Nebraska Legislative Bill LB44 (2025)

Overview

LB44, introduced January 9, 2025 by Senator Terrell McKinney and referred to the Judiciary Committee, amends Nebraska’s postconviction relief framework. The bill changes the limitations period for filing motions for postconviction relief and adds a special provision extending the deadline for individuals whose conviction occurred while they were minors. A hearing is scheduled for March 14, 2025.

Purpose and Intent

  • To extend the one-year deadline for filing postconviction relief motions.
  • To create a specific extension tied to age, allowing individuals who were minors at the time of their conviction to file postconviction relief up to age 21.

Key Provisions

  • Amends Section 29-3001, Revised Statutes Cumulative Supplement, 2024.
  • Current framework: A prisoner may file a verified motion for postconviction relief within one year of certain triggering events (e.g., final judgment, discovery of the factual basis for the claim, removal of state-imposed impediments, newly recognized rights applicable retroactively, or denial/affirmation of certiorari).
  • LB44 adds a new provision:
    • Subsection (f): The one-year period runs from the date the prisoner reaches twenty-one years of age.
  • The bill notes that it applies to individuals whose conviction occurred while they were minors (the intent stated in the bill’s purpose).
  • Other procedural aspects remain:
    • Proceedings are civil in nature; costs are taxed as in habeas corpus cases.
    • A prompt hearing may be held; the court may conduct hearings or accept depositions.
    • The court shall not entertain a second or successive motion for the same relief.
  • Repeals the original section and replaces it with the amended version in Section 1.

Who is Affected

  • Nebraska prisoners filing or potential filers for postconviction relief.
  • Particularly affects individuals who were minors at the time of their conviction, giving them the opportunity to file up to age 21.

Procedural and Timeline Details

  • Introduced: January 9, 2025.
  • Referred to Committee: January 13, 2025 (Judiciary).
  • Status: Notice of hearing for March 14, 2025.
  • Primary Sponsor: Senator Terrell McKinney.
  • Co-sponsor: Senator Hunt.

Potential Impact

  • Expands eligibility window for postconviction relief for a subset of defendants (those convicted as minors).
  • Could increase postconviction filings and related court activity.
  • Maintains civil nature of postconviction proceedings and preserves standard habeas-like cost rules.
  • No explicit funding changes are noted; fiscal impact would depend on resulting caseload.

Compiled from official sources — confirm details with the bill’s official record.

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