Loading chat...

ID S1027

Bill

Status

Passed

3/5/2021

Primary Sponsor

Judiciary and Rules Committee

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Establishes the Idaho Wrongful Conviction Act allowing civil actions against the state for compensation when a person is convicted of a felony they did not commit and the conviction is later reversed or vacated.

  • Requires claimants to prove by preponderance of evidence that they did not commit the crime, did not aid or abet the crime, had no involvement in related acts, and the conviction reversal was based on factual innocence rather than mere legal error.

  • Provides compensation of $62,000 per year of imprisonment ($75,000 for death row cases) plus at least $25,000 per year for parole or sex offender registration requirements, calculated on a pro rata daily basis.

  • Allows additional awards of up to $25,000 for attorney's fees and costs (or more for good cause), reentry services, and a certificate of innocence; compensation is tax-exempt and does not accrue post-judgment interest.

  • Creates an Innocence Fund in the state treasury funded through legislative appropriation and claimant reimbursements to pay awards; requires claimants to reimburse the state for any amounts recovered in separate civil actions related to the wrongful conviction.

Legislative Description

Adds to existing law to provide for a claim of compensation for a wrongful conviction.

IDAHO WRONGFUL CONVICTION ACT

Last Action

Session Law Chapter 17 Effective: 03/05/2021

3/5/2021

Committee Referrals

Judiciary, Rules and Administration2/4/2021
Judiciary and Rules1/22/2021

Full Bill Text

No bill text available