House Bill 578

Chair's Name: David Ralston

Committee: Judiciary Non-Civil

House Sponsor: David Ralston

HB 578 sets out a timeline for habeas corpus proceedings in death penalty cases. After the close of evidence the petitioner will have 90 days to file any brief, the respondent will have 60 days after the petitioner’s brief to file a response, and the petitioner will have ten days after that to file any reply to respondent’s brief. Upon a showing of good cause the court may grant either party an extension not to exceed 60 days. The judge will issue findings of fact within 180 days of the filing of respondent’s brief or petitioner’s reply, whichever is later. If the judge cannot issue findings of fact within 180 days he or she will provide an updated status report setting forth the reasons for the delay, and will update the report every 30 days.

Chairman Ralston’s opinion of this legislation:

Habeas Corpus proceedings for persons under a death sentence often languish because of delay and inaction. This bill places time constraints upon petitioners, respondents, and superior court judges.

HB 908 comes to the House Floor under the Modified Structured Rule.