SB 82 Summary

• Defines "actual innocence" as not committing the crime or serving as accomplice, and requires petitioners to prove actual innocence by clear and convincing evidence to the original sentencing court.

• Requires petitioners to submit fingerprints for state and national criminal history records checks within 30 days of filing a petition, with costs paid by the Department of Law Enforcement.

• Shifts burden of obtaining court records and Department of Corrections documentation from petitioners to the Department of Legal Affairs, which must request these documents from the clerk of court and Department of Corrections at no charge.

• Adds compensation for reasonable attorney's fees and expenses incurred in obtaining wrongful incarceration compensation, up to $50,000, with payment made directly to the attorney rather than the petitioner.

• Bars petitioners from applying for compensation if they have a pending civil lawsuit or have already received a favorable civil judgment arising from their wrongful conviction and incarceration.