Bill Text: MI SB0061 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act. TIE BAR WITH: SB 0060'11
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Introduced - Dead) 2012-08-15 - Referred To Committee Of The Whole With Substitute S-1 [SB0061 Detail]
Download: Michigan-2011-SB0061-Introduced.html
SENATE BILL No. 61
January 25, 2011, Introduced by Senators BIEDA, CASPERSON, GLEASON, ANDERSON, JOHNSON, WARREN, HOOD, GREGORY, KOWALL, HOPGOOD and HUNTER and referred to the Committee on Finance.
A bill to provide compensation and other relief for
individuals wrongfully 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) "Charges" means the criminal complaint filed against the
plaintiff by a county prosecutor or the attorney general on behalf
of the people of this state that resulted in the conviction and
imprisonment of the plaintiff that are the subject of the claim for
compensation under this act.
(b) "Plaintiff" means the individual making a claim for
compensation under this act. Plaintiff does not include the estate
of an individual entitled to make a claim for compensation under
this act, 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) "State correctional facility" means a correctional
facility maintained and operated by the department of corrections.
(d) "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, district, state
authority, or a combination of 2 or more of these entities.
Sec. 3. (1) An individual convicted under the law of this
state and subsequently imprisoned in a state correctional facility
for 1 or more crimes that he or she did not commit may bring an
action for compensation against this state in the court of claims
as allowed by this act.
(2) For purposes of this act, a conviction does not include
the acceptance by the court of a guilty plea or a plea of nolo
contendere.
Sec. 4. (1) The plaintiff in an action under this act shall
attach to the complaint documentation that establishes all of the
following:
(a) The plaintiff was convicted of 1 or more crimes under the
law of this state, was sentenced to a term of imprisonment in a
state correctional facility for the crime or crimes, and served at
least part of the sentence.
(b) The plaintiff's judgment of conviction was reversed or
vacated and either the charges were dismissed or on retrial the
plaintiff was found to be not guilty.
(c) DNA or other evidence of similar importance showing that
the plaintiff was not the perpetrator of the crime supports the
reversal or vacation of the judgment of conviction, dismissal of
the charges, or finding of not guilty on retrial.
(2) A complaint filed under this section shall be verified by
the plaintiff.
Sec. 5. (1) A plaintiff is entitled to judgment in the
plaintiff's favor if the plaintiff provides evidence to prove all
of the following:
(a) The plaintiff was convicted of 1 or more crimes under the
law of this state, was sentenced to a term of imprisonment in a
state correctional facility for the crime or crimes, and served at
least part of the sentence.
(b) The plaintiff's judgment of conviction was vacated and
either the charges were dismissed or the plaintiff was determined
upon retrial to be not guilty.
(c) DNA or other evidence of similar importance supports a
finding that the plaintiff did not perpetrate and was not an
accessory to the acts that were the basis of the conviction.
(2) Subject to subsections (4) and (5), if a court finds that
a plaintiff was wrongfully convicted and imprisoned, the court
shall award compensation as follows:
(a) Up to $40,000.00 for each year from the date the plaintiff
was imprisoned until the date the plaintiff was released from the
custody of the department of corrections, the judgment of
conviction was vacated, the charges were dismissed, or the
plaintiff was found not guilty, whichever is later. The plaintiff
is entitled to compensation for the period described in this
subdivision regardless of whether the plaintiff was released from
imprisonment on parole or because the maximum sentence was served.
(b) Economic damages, including, but not limited to, lost
wages, costs associated with the plaintiff's criminal defense and
efforts to prove his or her innocence, and medical expenses related
to the imprisonment required after release.
(c) Reasonable attorney fees. 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
plaintiff, and the plaintiff's attorney is not entitled to receive
additional fees from the plaintiff.
(3) An award under subsection (2) is not subject to either of
the following:
(a) A limit on the amount of damages except as stated in this
act.
(b) Income taxes.
(4) Compensation shall not be awarded under subsection (2) for
any time during which the plaintiff was imprisoned under a
concurrent sentence for another conviction.
(5) Compensation shall not be awarded under subsection (2) for
any injuries sustained by the plaintiff while imprisoned. The
making of a claim or receipt of compensation under this act does
not preclude a claim or action for compensation because of injuries
sustained by the plaintiff while imprisoned.
(6) The acceptance by the plaintiff 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 plaintiff, constitutes a complete release of all
claims against this state, and is a complete bar to any action by
the plaintiff against this state based on the same subject matter.
(7) A compensation 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 plaintiff's custody or to feed, clothe, or
provide medical services for the plaintiff while imprisoned.
(b) The value of any services awarded to the plaintiff under
this section.
(c) The value of any reduction in fees for services awarded to
the plaintiff under this section.
(8) If a plaintiff who is awarded compensation under this
section recovers damages for the wrongful conviction or
imprisonment from any other person, the plaintiff shall reimburse
this state for compensation paid under this section to the extent
of damages recovered from the other person.
(9) If a court determines that a plaintiff 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 plaintiff related to the wrongful conviction
shall be expunged from the criminal history record. 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. 7. An action for compensation under this act shall be
commenced within 3 years after 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,
imprisoned, and released from custody before the effective date of
this act shall commence an action under this act within 5 years
after the effective date of this act.
Enacting section 1. This act does not take effect unless
Senate Bill No. 60
of the 96th Legislature is enacted into law.
