Limitations

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§ 5576. Limitations

(a) Except as provided in subsection (b) of this section, an action for compensation under this subchapter shall be commenced within three years after the person is exonerated pursuant to subchapter 1 of this chapter through the person's conviction being reversed or vacated, the information or indictment being dismissed, the person being acquitted after a second or subsequent trial, or through the granting of a pardon.

(b)(1) If the State challenges the exoneration of a person entitled to bring an action under this subchapter, the limitations period shall not commence until the challenge is finally resolved.

(2) If a person entitled to bring an action under this subchapter is not provided the notice required by section 5577 of this title, the person shall have an additional year within which to bring the action. (Added 2007, No. 60, § 1.)


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