2023 -- H 5905

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LC002408

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR

ACTIONS -- POST CONVICTION RELIEF

     Introduced By: Representatives Craven, and Dawson

     Date Introduced: March 01, 2023

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 10-9.1-1 of the General Laws in Chapter 10-9.1 entitled "Post

Conviction Remedy" is hereby amended to read as follows:

     10-9.1-1. Remedy — To whom available — Conditions.

     (a) Any person who has been convicted of, or sentenced for, a crime, a violation of law, or

a violation of probationary or deferred sentence status and who claims:

     (1) That the conviction or the sentence was in violation of the constitution of the United

States or the constitution or laws of this state;

     (2) That the court was without jurisdiction to impose sentence;

     (3) That the sentence exceeds the maximum authorized by law, or is otherwise not in

accordance with the sentence authorized by law;

     (4) That there exists evidence of material facts, not previously presented and heard, that

requires vacation of the conviction or sentence in the interest of justice;

     (5) That his or her sentence has expired, his or her probation, parole, or conditional release

unlawfully revoked, or he or she is otherwise unlawfully held in custody or other restraint; or

     (6) That the conviction or sentence is otherwise subject to collateral attack upon any ground

of alleged error heretofore available under any common law, statutory or other writ, motion,

petition, proceeding, or remedy;

     may institute, without paying a filing fee, a proceeding under this chapter to secure relief.

     (b) This remedy is not a substitute for nor does it affect any remedy incident to the

proceedings in the trial court, or of direct review of the sentence or conviction. Except as otherwise

provided in this chapter, it comprehends and takes the place of all other common law, statutory, or

other remedies heretofore available for challenging the validity of the conviction or sentence. It

shall be used exclusively in place of them.

     (c) A one year statute of limitations shall apply to a motion under this section. The

limitation period shall run from the latest of:

     (1) The date on which the judgment of conviction becomes final, which shall be the date

of the plea, the date of denial of direct appeal or the expiration of time for filing a direct appeal, or

the date on which the United States Supreme Court denies certiorari or the time for petitioning for

criteria expires;

     (2) The date on which an impediment to making a motion created by state action in

violation of the United States or Rhode Island constitution or laws of the State of Rhode Island is

removed, if the petitioner was prevented from making a motion by such state action;

     (3) The date on which the constitutional right asserted was initially recognized by the

United States and/or Rhode Island supreme court, if that right has been newly recognized by these

courts and made retroactively applicable to cases on collateral review; or

     (4) The date on which the facts supporting the claim or claims presented could have been

discovered through the exercise of due diligence.

     (d) Subsection (c) of this section shall not apply to a motion for new trial, motion to correct

an illegal sentence, motion to correct a sentence imposed in an illegal manner, motion to reduce

sentence, or motion to terminate probation pursuant to the superior court rules of criminal

procedure.

     SECTION 2. This act shall take effect upon passage. Upon enactment, any person who is

currently serving a sentence who has not yet filed an action under this section shall have one year

from the date of enactment to file a claim.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR

ACTIONS -- POST CONVICTION RELIEF

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     This act would amend the post-conviction relief statute to impose a one year statute of

limitations on the filing of a post-conviction relief petitions.

     This act would take effect upon passage. Upon enactment, any person who is 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.

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LC002408

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