SB 250 Summary

• Defines "actual innocence" as not committing the act or offense for which convicted and not aiding, abetting, or being an accomplice to the actual perpetrator.

• Requires petitioners to submit fingerprints for state and national criminal history records checks within 30 days of filing a petition, with costs borne by the Department of Law Enforcement and failure to submit not grounds for denial of compensation.

• Eliminates requirement that applicants provide court records and Department of Corrections documentation with their application; instead requires the Department of Legal Affairs to request these records directly from the clerk of court and Department of Corrections at no charge.

• Authorizes compensation for reasonable attorney's fees and expenses up to $50,000 incurred in obtaining compensation, with the Chief Financial Officer paying fees directly to the attorney, who cannot charge the wrongfully incarcerated person additional fees.

• Bars applications for compensation if the person has a pending civil action or has already received a prior favorable judgment in a civil action against the state or related entities arising from the wrongful conviction and incarceration.