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2004 House Bill 2390
Introduced by Sen. Mike Carrell (Lakewood) (R) on January 13, 2004
To clarify the use of a “collateral attack.” In the bill a “collateral attack” refers to any form of relief sought after conviction other than a direct appeal. In the bill the only basis for a collateral attack, challenging a valid judgment entered in a criminal proceeding, is if the state or federal Constitution has been violated and that constitutional error had substantial and injurious effect or influence in determining the jury's verdict. The bill also states that a court has the power to vacate or modify a valid judgment if it is proven that a constitutional right has been violated. The bill requires a collateral attack to be filed within a year of a final judgment.   Official Text and Analysis.
Referred to the House Judiciary Committee on January 13, 2004
But the bill did not receive a hearing by the cutoff date so it is a "dead bill" and will not be considered further.