A petitioner who has been discharged upon a writ of habeas corpus may be incarcerated again for the same conduct only under the following circumstances:
(1) if, after discharge for defect of proof or for a material defect in the commitment in a criminal case, the petitioner is arrested again on probable cause and detained in accordance with law;
(2) if the petitioner fails to post bond;
(3) if the petitioner is indicted for the conduct and detained pending criminal proceedings; or
(4) if the petitioner is convicted and sentenced for the conduct.
History:(9760) RL s 4594; 1985 c 265 art 9 s 1