A former prosecution is not a bar under section 3, 4, or 5 of this chapter if:

1. (1) it was before a court that lacked jurisdiction over the defendant or the offense;
2. (2) it was procured by the defendant without the knowledge of the prosecuting authority and with intent to avoid a more severe sentence that might otherwise have been imposed; or

3. (3) it resulted in a conviction that was set aside, reversed, vacated, or held invalid in a subsequent proceeding, unless the defendant was adjudged not guilty or ordered discharged.

   As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.21.