2023 Colorado Revised Statutes › Title 16 - CRIMINAL PROCEEDINGS (§§ 16-1-101 — 16-23-105) › CODE OF CRIMINAL PROCEDURE (§§ 16-1-101 — 16-13-1002) › Article 5 - COMMENCEMENT OF CRIMINAL ACTION (§§ 16-5-101 — 16-5-501) › Part 4 - STATUTE OF LIMITATIONS (§§ 16-5-401 — 16-5-402) › Section 16-5-402 - Limitation for collateral attack upon trial judgment - definitions

(1)
Except as otherwise provided in subsection (2) of this section, no person who has been convicted as an adult or who has been adjudicated as a juvenile under a criminal statute of this or any other state of the United States shall collaterally attack the validity of that conviction or adjudication unless such attack is commenced within the applicable time period, as provided in this subsection (1), following the date of said conviction, or for purposes of juvenile adjudication the applicable time period will begin at the time of the juvenile's eighteenth birthday:
All class 1 felonies:No limit
All other felonies:Three years
Misdemeanors:Eighteen months
Petty offenses:Six months
(1.5)
If an appellate court can determine on the face of the motion, files, and record in a case that a collateral attack is outside the time limits specified in subsection (1) of this section, the appellate court may deny relief on that basis, regardless of whether the issue of timeliness was raised in the trial court.
(2)
In recognition of the difficulties attending the litigation of stale claims and the potential for frustrating various statutory provisions directed at repeat offenders, former offenders, and habitual offenders, the only exceptions to the time limitations specified in subsection (1) of this section are:
(a)
A case in which the court entering judgment of conviction or entering adjudication did not have jurisdiction over the subject matter of the alleged offense;
(b)
A case in which the court entering judgment of conviction or entering adjudication did not have jurisdiction over the person of the defendant or juvenile;
(c)
Where the court hearing the collateral attack finds by a preponderance of the evidence that the failure to seek relief within the applicable time period was caused by an adjudication of incompetence or by commitment of the defendant or juvenile to an institution for treatment as a person with a mental health disorder; or
(d)
Where the court hearing the collateral attack finds that the failure to seek relief within the applicable time period was the result of circumstances amounting to justifiable excuse or excusable neglect.
(3)
Repealed.
(4)
For purposes of this section:
(a)
"Adjudication", except as used in subsection (2)(c) of this section, includes "adjudicated" and has the same meaning as defined in section
19-2.5-102
.
(b)
"Juvenile" has the same meaning as set forth in section
19-1-103
.
Amended by 2021 Ch. 136, § 23, eff. 10/1/2021.
Amended by 2018 Ch. 35, § 14, eff. 8/8/2018.
L. 81: Entire section added, p. 926, § 3, effective July 1. L. 84: (2)(b) and (2)(c) amended and (2)(d) added, p. 486, § 1, effective February 6. L. 98: (1.5) added, p. 948, § 10, effective May 27. L. 2001: Entire section amended, p. 734, § 4, effective July 1. L. 2002: (4)(b) amended, p. 1016, § 17, effective June 1; (3) repealed, p. 761, § 11, effective July 1. L. 2006: (2)(c) amended, p. 1397, § 41, effective August 7. L. 2018: IP(2) and (2)(c) amended, (SB 18 -091), ch. 384, p. 384, § 14, effective August 8. L. 2021: (4) amended, (SB 21-059), ch. 713, p. 713, § 23, effective October 1.
(1) For collateral attacks upon convictions of traffic infractions, see § 42-4-1708(5) ; for collateral attacks upon convictions of alcohol- or drug-related traffic offenses, see § 42-4-1702 . (2) For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.