Bill Text: MI HB4790 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act. TIE BAR WITH: HB 4791'09
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2010-11-10 - Referred To Second Reading [HB4790 Detail]
Download: Michigan-2009-HB4790-Introduced.html
HOUSE BILL No. 4790
April 2, 2009, Introduced by Reps. Switalski, Tlaib, Young, Bettie Scott, Durhal, Johnson, Liss and Nathan and referred to the Committee on Judiciary.
A bill to provide compensation for individuals wrongly
imprisoned for crimes; to prescribe the powers and duties of
certain state governmental officers and agencies; and to provide
remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"wrongful imprisonment compensation act".
Sec. 2. As used in this act:
(a) "Accusatory instrument" means the complaint filed against
the claimant that resulted in the conviction and imprisonment that
are the subject of the claim for compensation under this act.
(b) "Claimant" means the individual making a claim for
compensation under this act. Claimant does not include the estate
of an individual entitled to make a claim for compensation under
this act who is deceased, the personal representative of the
estate, or any heir, devisee, beneficiary, or other person who is
entitled under other law to pursue a claim for damages, injury, or
death suffered by the individual.
(c) "This state" means the state of Michigan and its agencies,
departments, commissions, and courts. This state does not include a
county, township, city, village, school district, or district or
authority authorized by law in this state, or a combination of 2 or
more of these.
Sec. 3. An individual convicted under the law of this state
and subsequently imprisoned for 1 or more crimes that he or she did
not commit may bring an action for damages against this state in
the circuit court of Ingham county as allowed by this act.
Sec. 4. (1) The claimant in an action under this act shall
attach to the complaint documentation that establishes all of the
following:
(a) The claimant was convicted of 1 or more crimes under the
law of this state, was sentenced to a term of imprisonment for the
crime or crimes, and served at least part of the sentence.
(b) The claimant’s judgment of conviction was vacated and
either the accusatory instrument was dismissed or the claimant was
determined upon retrial or by court finding to be not guilty.
(c) The factual or evidentiary basis that supported the
vacation of the judgment of conviction, dismissal of the accusatory
instrument, or finding of not guilty demonstrated the claimant’s
actual innocence of the charged offense. As used in this
subdivision, actual innocence means that the claimant did not
perpetrate and was not an accessory to the acts that were the basis
of the charge in the accusatory instrument.
(2) A complaint filed under this section shall state the claim
of the claimant as required under general rules of pleading adopted
by the supreme court and shall include statements that both of the
following are true:
(a) The claimant was actually innocent of the charged offense
in that the claimant did not perpetrate and was not an accessory to
the acts that were the basis of the charge in the accusatory
instrument.
(b) The claimant did not commit or suborn perjury or fabricate
evidence to cause or bring about his or her conviction. A guilty
plea to a crime the claimant did not commit or a confession or
inculpatory statement made during law enforcement interrogation
does not constitute perjury or fabricated evidence under this
subdivision.
(3) A complaint filed under this section shall be verified by
the claimant.
(4) The claimant may file an amended complaint as a matter of
course as provided under court rules generally applicable to civil
actions adopted by the supreme court. If the court finds after
reading a complaint filed under this section that the claimant is
not likely to succeed at trial, it shall dismiss the claim, either
on its own motion or on the motion of this state. If the dismissal
by the court is based on the failure of the claimant to state a
claim on which relief can be granted, the court shall dismiss the
action without prejudice.
Sec. 5. (1) A claimant under this act is entitled to judgment
in the claimant's favor if the claimant provides evidence to prove
all of the following:
(a) The claimant was convicted of 1 or more crimes under the
law of this state, was sentenced to a term of imprisonment for the
crime or crimes, and served at least part of the sentence.
(b) The claimant’s judgment of conviction was vacated and
either the accusatory instrument was dismissed or the claimant was
determined upon retrial or by court finding to be not guilty.
(c) The claimant was actually innocent of the charged offense
in that the claimant did not perpetrate and was not an accessory to
the acts that were the basis of the charge in the accusatory
instrument.
(d) The claimant did not commit or suborn perjury or fabricate
evidence to cause or bring about his or her conviction. A guilty
plea to a crime the claimant did not commit or a confession or
inculpatory statement made during law enforcement interrogation
does not constitute perjury or fabricated evidence under this
subdivision.
(2) Subject to subsections (4) and (5), if a court finds that
a claimant was wrongfully convicted and imprisoned, the court shall
award damages, including, but not limited to, all of the following:
(a) $40,000.00 for each year from the date the claimant was
incarcerated until the date the claimant's judgment of conviction
was vacated, the accusatory instrument was dismissed, or the
claimant was found not guilty, whichever is later. The claimant is
entitled to damages for the period described in this subsection
regardless of whether the claimant was released from incarceration
on parole or because the maximum sentence was served. The amount to
which the claimant is entitled under this subdivision shall be
adjusted for both of the following:
(i) Inflation from the effective date of this act.
(ii) Partial years.
(b) Economic damages, including, but not limited to, lost
wages, costs associated with the claimant's criminal defense and
efforts to prove his or her innocence, and medical expenses
required after release.
(c) Physical and mental health coverage comparable to that
provided under a group health plan available to employees in the
classified state civil service, to be offset by any benefits
provided by the claimant's employer during the coverage period. The
department of community health shall provide health coverage
awarded under this subdivision for 10 years from the date of the
award by purchasing a health coverage plan, policy, certificate, or
contract selected by the director of the department of community
health.
(d) Compensation for costs incurred by the claimant for
reasonable reintegrative services and mental and physical health
care after release from wrongful imprisonment and before the date
of the award.
(e) Reasonable attorney fees, calculated at 10% of the damage
award, not to exceed $75,000.00 plus an adjustment for inflation
from the effective date of this act, and expenses. The award under
this subdivision shall not include any attorney fees or expenses
incurred in bringing a previous action that was dismissed. The
award under this subdivision shall not be deducted from the
compensation awarded the claimant, and the claimant's attorney is
not entitled to receive additional fees from the claimant.
(3) A damage award under subsection (2) is not subject to
either of the following:
(a) A cap applicable to private parties in civil lawsuits.
(b) Taxes, except for the portion of the award for attorney
fees.
(4) Damages shall not be awarded under subsection (2) for any
time during which the claimant was incarcerated under a concurrent
sentence for another conviction.
(5) Damages shall not be awarded under subsection (2) for any
injuries sustained by the claimant while imprisoned. The making of
a claim or receipt of damages under this act does not preclude a
claim or action for damages because of injuries sustained by the
claimant while imprisoned.
(6) The acceptance by the claimant of an award under this
section, or of a compromise or settlement of the claim, shall be in
writing and, unless it is procured by fraud, is final and
conclusive on the claimant, constitutes a complete release of all
claims against this state, and is a complete bar to any action by
the claimant against this state based on the same subject matter.
(7) A damage award under this section shall not be offset by
any of the following:
(a) Expenses incurred by this state or any political
subdivision of this state, including, but not limited to, expenses
incurred to secure the claimant’s custody or to feed, clothe, or
provide medical services for the claimant.
(b) The value of any services awarded to the claimant under
this section.
(c) The value of any reduction in fees for services awarded to
the claimant under this section.
(8) If a claimant who is awarded damages under this section
recovers damages for the wrongful conviction or imprisonment from
any other person, the claimant shall reimburse this state for
damages paid under this section to the extent of damages recovered
from the other person.
(9) If a court determines that a claimant was wrongfully
convicted and imprisoned, the court shall enter an order that
provides that any record of the arrest, fingerprints, conviction,
and sentence of the claimant related to the wrongful conviction
shall not be made available to the public and shall be removed from
the law enforcement information network. A document that is the
subject of an order entered under this subsection is exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
Sec. 6. (1) A court that enters a verdict, order, or judgment
as a result of an event described in section 4(1)(b) on or after
the effective date of this act shall provide a copy of this act to
the defendant at the time the verdict, order, or judgment is
entered. The individual shall be required to acknowledge his or her
receipt of a copy of this act in writing on a form approved by the
state court administrator's office. The acknowledgment shall be
filed with the court and is admissible in any proceeding filed by a
claimant under this act.
(2) If a claimant entitled to receive a copy of this act under
subsection (1) shows that he or she did not properly receive the
copy, he or she is entitled to a 1-year extension of the 3-year
time limit in section 7.
(3) The state court administrator's office shall make a
reasonable attempt to notify every person in whose favor a verdict,
order, or judgment was entered following an event described in
section 4(1)(b) before enactment of this act of his or her rights
under this act.
Sec. 7. An action for compensation under this act shall be
commenced within 3 years after the entry of a verdict, order, or
judgment as the result of an event described in section 4(1)(b).
Any action by this state challenging or appealing a verdict, order,
or judgment entered as the result of an event described in section
4(1)(b) tolls the 3-year period. An individual convicted,
incarcerated, and released from custody before the effective date
of this act shall commence an action under this act within 5 years
of the effective date of this act.
Enacting section 1. This act does not take effect unless
Senate Bill No.____ or House Bill No. 4791(request no. 01990'09 a)
of the 95th Legislature is enacted into law.
