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FL S0654

Bill

Status

Failed

4/30/2010

Primary Sponsor

Arthenia Joyner

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Defines "actual innocence" as not committing the act or offense for which convicted and not aiding, abetting, or acting as accomplice, requiring petitioners to prove this by clear and convincing evidence before the sentencing court.

  • Requires petitioners to submit fingerprints within 30 days of filing a petition for wrongful incarceration compensation for state and national criminal history records checks at no cost to the petitioner.

  • Eliminates requirement for applicants to provide court records and Department of Corrections documentation directly; instead directs the Department of Legal Affairs to request these records from the clerk of court and Department of Corrections.

  • Authorizes compensation of up to $50,000 for reasonable attorney's fees and expenses incurred in obtaining wrongful incarceration compensation, with fees paid directly to the attorney by the Chief Financial Officer.

  • Bars applicants who have pending civil lawsuits or received prior favorable judgments arising from their wrongful conviction and incarceration from submitting compensation applications under this act.

Legislative Description

Compensation for Wrongful Incarceration [SPSC]

Last Action

Died in Committee on Criminal and Civil Justice Appropriations

4/30/2010

Committee Referrals

Criminal and Civil Justice Appropriations4/15/2010
Criminal Justice3/29/2010
Judiciary12/17/2009

Full Bill Text

No bill text available