Appeal and Review - As enacted, authorizes criminal defendants who plead guilty, 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, the official text

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                        ~tate of ~ennessee

                          PUBLIC CHAPTER NO. 282

                                                  HOUSE BILL NO. 601

 By Representatives Freeman, Hardaway, Doggett, Love, Hulsey, Harris, Towns, Farmer,
                                                           Parkinson

                                        Substituted for: Senate Bill No. 256

                 By Senators Gardenhire, Rose, Akbari, Bowling, Campbell, Yarbro

         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, Section 40-26-105, is amended by deleting
subsections (a) and (b) and substituting the following:

                    (a) There is made available to convicted defendants in criminal cases a
          proceeding in the nature of a writ of error coram nobis, to be governed by the same rules
          and procedure applicable to the writ of error coram nobis in civil cases, except insofar as
          inconsistent herewith. Notice of the suing out of the writ shall be served on the district
          attorney general, by the convicted defendant, in cases in which the conviction occurred
          following a trial, except in cases where a defendant has been sentenced to death, where
          notice shall be served on the attorney general and reporter. In cases in which the
          defendant entered a guilty, best interest, or no contest plea, the suing out of the writ
          shall commence by order of the court for claims jointly presented for relief by the district
          attorney general and the convicted defendant. A judge does not have authority to order
          the writ to operate as a supersedeas. The court has authority to order the person having
          custody of the petitioner to produce the petitioner in court for the hearing of the
          proceeding.

                    (b) The relief obtainable by this proceeding shall be confined to errors dehors 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. Relief shall also apply to pleas of guilt, best
          interest, or no contest. Upon a showing by the defendant that the defendant was without
          fault in failing to present certain evidence at the proper time, a writ of error coram nobis
          will lie for subsequently or newly discovered evidence relating to matters which were
          litigated at the trial, or unknown to the defendant at the time of plea, if the judge
          determines that such evidence may have resulted in a different judgment, had it been
          presented at the trial, or known at the time of plea.

          SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.
                    HOUSE BILL NO. 601

PASSED:  April 10. 2025

                                            CAMER<!ff'SEXTON,SPEAKER
                                           HOUSE OF REPRESENTATIVES

                         f{ .- .~\:~'-····
                                                           RANDY MCkLLy
                                                 SPEAKER OF THE SENATE

a.4~ Apr;\ APPROVED this
                    day of              2025

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BILL LEE, GOVERNOR