CHAPTER 399
H.P. 1090 - L.D. 1533
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §2122, as enacted by PL 1979, c. 701, §15, is amended to read:
This chapter shall provide provides a comprehensive and, except for direct appeals from a criminal judgement judgment, the exclusive method of review of those criminal judgments and of post-sentencing proceedings occurring during the course of sentences. It is a remedy for illegal restraint and other impediments specified in section 2124 which that have occurred directly or indirectly as a result of an illegal criminal judgment or post-sentencing proceeding. It replaces the remedies available pursuant to post-conviction habeas corpus, to the extent that review of a criminal conviction or proceedings were are reviewable, the remedies available pursuant to common law habeas corpus, including habeas corpus as recognized in Title 14, sections 5501 and 5509 to 5546, coram nobis, writ of error, declaratory judgment and any other previous common law or statutory method of review, except appeal of a judgment of conviction or juvenile adjudication and remedies which that are incidental to proceedings in the trial court. The substantive extent of the remedy of post-conviction review shall be as is defined in this chapter and not as defined in the remedies which that it replaces; provided that this chapter shall provide provides and shall be is construed to provide such relief for those persons required to use this chapter as is required by the Constitution of Maine, Article 1, Section 10.
Sec. 2. 15 MRSA §2124, first ¶, as repealed and replaced by PL 1983, c. 235, §4, is amended to read:
An action for post-conviction review of a criminal judgment of this State or of a post-sentencing proceeding following the criminal judgment, may be brought if the person seeking relief demonstrates that the challenged criminal judgment or post-sentencing proceeding is causing a present restraint or other specified impediment as described in subsections 1 to 3:
Sec. 3. 15 MRSA §2128, sub-§5, as repealed and replaced by PL 1995, c. 286, §4, is repealed and the following enacted in its place:
5. Filing deadline for direct impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 1 or 1-A. The limitation period runs from the latest of the following:
A. The date of final disposition of the direct appeal from the underlying criminal judgment or the expiration of the time for seeking the appeal;
B. The date on which the constitutional right, state or federal, asserted was initially recognized by the Law Court or the Supreme Court of the United States, if the right has been newly recognized by that highest court and made retroactively applicable to cases on collateral review; or
C. The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
The time during which a properly filed petition for writ of certiorari to the Supreme Court of the United States with respect to the same criminal judgment is pending is not counted toward any period of limitation under this subsection.
Sec. 4. 15 MRSA §2128, sub-§6 is enacted to read:
6. Filing deadline for indirect impediment. A one-year period of limitation applies to initiating a petition for post-conviction review seeking relief from a criminal judgment under section 2124, subsection 3. The limitation period runs from the date of imposition of a sentence for the new crime resulting in the indirect impediment.
Sec. 5. Application. Those sections of this Act that repeal and replace the Maine Revised Statutes, Title 15, section 2128, subsection 5 and that enact Title 15, section 2128, subsection 6 apply to any petition filed after one year following the effective date of the Act. A petition filed within the one year following the effective date of this Act is not subject to the new filing deadline, but remains subject to the provisions of former section 2128, subsection 5 relating to delay.
Effective September 19, 1997, unless otherwise indicated.
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