CS/CS/HB 259 - Compensation for Wrongful Incarceration

• Extends filing deadline for wrongful incarceration petitions to 2 years after conviction is vacated (for cases vacated on or after July 1, 2020) and provides retroactive filing opportunity until July 1, 2022 for eligible prior cases.

• Removes eligibility restrictions based on prior convictions for violent felonies and unrelated felonies, allowing more wrongfully incarcerated persons to qualify for compensation.

• Deletes requirement for wrongfully incarcerated persons to sign liability releases before receiving compensation and eliminates prohibition on applying if a civil suit is pending.

• Allows state to deduct civil awards from state compensation if claimant receives civil judgment first, or requires claimant reimbursement if state compensation is received before civil award.

• Requires claimants to notify Department of Legal Affairs when filing civil actions, and department must file notice of compensation payment as a lien on any judgment or settlement recovered.