Loading chat...

MI SB0061

Bill

Status

Introduced

1/25/2011

Primary Sponsor

Steven Bieda

Click for details

Origin

Senate

96th Legislature

AI Summary

Senate Bill 61 Summary

  • Establishes the "Wrongful Imprisonment Compensation Act" allowing individuals wrongfully convicted and imprisoned in Michigan state correctional facilities to sue the state for damages in the Court of Claims.

  • Requires plaintiffs to prove conviction, imprisonment in state facility, reversal or vacation of conviction with charges dismissed or acquittal on retrial, and DNA or similar evidence showing they did not commit or assist in the crimes.

  • Authorizes compensation of up to $40,000 per year of imprisonment, plus economic damages (lost wages, defense costs, medical expenses), and reasonable attorney fees not deducted from the award.

  • Excludes compensation for time served under concurrent sentences for other convictions and for injuries sustained while imprisoned, though plaintiffs may pursue separate claims for prison injuries.

  • Requires expungement of arrest records, fingerprints, conviction, and sentence information from criminal history records upon court determination of wrongful conviction, with a 3-year filing deadline (5 years for those released before the act's effective date).

Legislative Description

Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act. TIE BAR WITH: SB 0060'11

Corrections, prisoners

Last Action

Referred To Committee Of The Whole With Substitute S-1

8/15/2012

Committee Referrals

Judiciary11/29/2011
Finance1/25/2011

Full Bill Text

No bill text available