This bill amends the post-conviction relief statute to impose a one-year statute of limitations on the filing of post-conviction relief petitions. The statute of limitations would run from the latest of several specified dates, including the date on which the judgment of conviction becomes final, the date on which an impediment to making a motion created by state action is removed, the date on which a newly recognized constitutional right is initially recognized, or the date on which the facts supporting the claim could have been discovered through due diligence. The bill also specifies that the statute of limitations does not apply to certain motions, such as a motion for new trial or a motion to correct an illegal sentence. The bill would take effect upon passage, and any person currently serving a sentence who has not yet filed an action under this section would have one year from the date of enactment to file a claim.

Statutes affected:
5905: 10-9.1-1