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MI SB0061
Bill
AI Summary
Senate Bill 61 Summary
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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.
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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.
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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.
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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.
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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