§ 16-12-311 — Time limitation on post-conviction petition for relief

(1) (a)
Notwithstanding the limitation in section 16-5-402, a claim for post-conviction relief
relying in whole or in part on facts related to wrongful action must be commenced
within the applicable time period set forth in subsection (1)(b) of this section, which
begins to run upon actual receipt by the defendant of the notice of reported
wrongful action made pursuant to section 16-12-306.

(b) The time period to bring a claim for relief pursuant to this part 3 is as
follows:

All class 1 felonies: No limit

All other felonies: Three years

Misdemeanors: Eighteen months

Petty offenses: Six months

(2) A court may permit a defendant to file a claim after the time period
described in subsection (1)(b) of this section has expired only upon a showing of
justifiable excuse or excusable neglect.

(3) The time period described in subsection (1) of this section is tolled:

(a) If a defendant is adjudicated to be incompetent, until the court finds that
the defendant is restored to competency;

(b) For any time period during which the trial court lacks jurisdiction,
including, but not limited to, any time period jurisdiction is in an appellate court due
a pending appeal; and

(c) For any time period during which a defendant's written request for
counsel made pursuant to section 16-12-308 is pending until counsel is appointed
or the court denies the motion.

(4) If, prior to an evidentiary hearing held pursuant to section 16-12-312, the
prosecution raises that the petition initiating a claim for post-conviction relief was
not timely filed, the court shall, prior to the evidentiary hearing, determine whether
the petition was timely filed. If the time period has expired, the court shall dismiss
the petition. An order dismissing the petition because the time to bring the petition
expired is a final appealable order.

Legislative History

Source: L. 2025: Entire part added, (HB 25-1275), ch. 352, p. 1904, � 1, effective June 2.