Loading chat...

FL S0382

Bill

Status

Failed

5/5/2023

Primary Sponsor

Criminal Justice

Click for details

Origin

Senate

2023 Regular Session

AI Summary

  • Extends the petition filing deadline from 90 days to 2 years after a conviction is vacated and charges are dismissed or the person is acquitted upon retrial, with a July 1, 2025 deadline for cases resolved between January 1, 2006, and July 1, 2023
  • Removes prior felony conviction history as a blanket bar to compensation eligibility, instead only excluding compensation for periods during which the person was concurrently serving a lawful sentence for another felony
  • Heirs, successors, or assigns of a deceased wrongfully incarcerated person do not have standing to file a compensation petition on the deceased person's behalf
  • Compensation remains capped at $2 million total, calculated at $50,000 per year of wrongful incarceration (adjusted for inflation after December 31, 2005), paid through an annuity of at least 10 years, along with tuition waivers, reimbursement of fines and attorney fees, and criminal record expunction
  • Prohibits the Chief Financial Officer from purchasing an annuity for a claimant currently incarcerated for a separate felony conviction or parole/probation revocation, with payments commencing only after that term of incarceration concludes

Legislative Description

Compensation for Wrongfully Incarcerated Persons

Last Action

Died in Messages

5/5/2023

Committee Referrals

Fiscal Policy3/15/2023
Appropriations Subcommittee on Criminal and Civil Justice3/8/2023

Full Bill Text

No bill text available