The bill amends Section 10-9.1-1 of the General Laws in Chapter 10-9.1 entitled "Post Conviction Remedy" to establish a one-year statute of limitations for filing a post-conviction relief motion. The statute of limitations begins from the latest of four specified events: the date the conviction becomes final, the removal of a state-created impediment to filing a motion, the recognition of a new constitutional right by the Supreme Court that is retroactively applicable, or the date when facts supporting the claim could have been discovered with due diligence. The bill specifies that this one-year limit does not apply to certain types of motions, such as those for a new trial, correcting an illegal sentence, reducing a sentence, or terminating probation, which are governed by the superior court rules of criminal procedure.

The bill also stipulates that upon its enactment, any person currently serving a sentence who has not yet filed an action under this section will have one year from the date of enactment to file a claim. The bill is designed to streamline the process of post-conviction relief by replacing all other common law, statutory, or other remedies previously available for challenging the validity of a conviction or sentence. It is intended to be used exclusively in place of these other remedies. The act will take effect immediately upon passage.

Statutes affected:
5905: 10-9.1-1