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MI HB4790
Bill
Status
4/2/2009
Primary Sponsor
Lesia Liss
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AI Summary
House Bill 4790 Summary
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Establishes the "Wrongful Imprisonment Compensation Act" allowing individuals wrongfully convicted and imprisoned in Michigan to sue the state for damages in Ingham County Circuit Court.
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Requires claimants to prove: (1) conviction and imprisonment for crime(s) not committed, (2) conviction vacated with charges dismissed or acquittal on retrial, (3) actual innocence, and (4) no perjury or evidence fabrication by claimant.
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Awards damages of $40,000 per year of incarceration, adjusted for inflation and partial years, plus economic damages, health insurance coverage for 10 years, reintegration costs, and attorney fees up to 10% of award (capped at $75,000 adjusted for inflation).
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Excludes damages for time served under concurrent sentences for other convictions and for injuries sustained while imprisoned, but does not preclude separate injury claims.
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Imposes 3-year statute of limitations from conviction vacation date (5 years for those released before act's effective date), and requires courts to seal arrest, fingerprint, and conviction records of exonerees.
Legislative Description
Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act. TIE BAR WITH: HB 4791'09
Corrections, prisoners
Last Action
Referred To Second Reading
11/10/2010