SB 256 Tennessee Senate · 114th Regular Session (2025-2026)

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, unknown to the defendant at the time of the plea. - Amends TCA Title 40.

SB 256 allows criminal defendants in Tennessee who previously entered a guilty plea, "best interest" plea, or no-contest plea to later petition a court for a special review (writ of error coram nobis) if they have new evidence proving their actual innocence. This new evidence must not have been known to them at the time of their plea, such as DNA results or witness testimony. The bill requires courts to hold a hearing if the petition is valid, with the defendant needing to prove innocence by "clear and convincing evidence" to get a new trial. It applies to all convictions regardless of trial type and removes filing fees for these petitions. This change directly affects defendants seeking to overturn pleas based on newly discovered evidence.
Bill status failed 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 27, 2025 Last action Apr 28, 2025
Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
17
Key actions
8
Committee
9
Apr 1, 2025
Upper · Passed
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 5, Nays 4 PNV 0
upper
Mar 31, 2025
Lower · Passed
Action deferred in Senate Judiciary Committee to 4/1/2025
lower
Mar 31, 2025
Lower · Passed
Placed on Senate Judiciary Committee calendar for 4/1/2025
lower
Mar 26, 2025
Lower · Passed
Placed on Senate Judiciary Committee calendar for 3/31/2025
lower
Mar 12, 2025
Lower · Passed
Placed on Senate Judiciary Committee calendar for 3/18/2025
lower
Mar 11, 2025
Lower · Passed
Action deferred in Senate Judiciary Committee to 3/18/2025
lower
Mar 5, 2025
Lower · Passed
Placed on Senate Judiciary Committee calendar for 3/11/2025
lower
Feb 26, 2025
Lower · Passed
Placed on Senate Judiciary Committee calendar for 3/4/2025
lower
Feb 10, 2025
Committee
Passed on Second Consideration, refer to Senate Judiciary Committee
upper
Jan 27, 2025
Introduced
Introduced, Passed on First Consideration
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Todd Gardenhire
Todd Gardenhire
RRepublican
TN
10