1. (1)

   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.

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

   1. (a) If a defendant is adjudicated to be incompetent, until the court finds that the defendant is restored to competency;
   2. (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
   3. (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. (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.

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