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MI HB4451
Bill
Status
3/13/2013
Primary Sponsor
Jon Switalski
Click for details
AI Summary
HB 4451 - Wrongful Imprisonment Compensation Act
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Allows individuals wrongfully convicted and imprisoned in Michigan to bring compensation claims in court of claims if conviction was reversed/vacated, charges dismissed, or acquitted on retrial, supported by DNA or equally reliable scientific evidence.
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Requires plaintiff to prove by clear and convincing evidence that conviction was based on a crime not committed and was vacated or resulted in acquittal, excluding cases where plaintiff was convicted of related offenses from same transaction.
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Awards up to $60,000 per year of imprisonment, plus economic damages for lost wages, legal defense costs, and post-release medical expenses, plus reasonable attorney fees paid separately without reduction from compensation.
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Excludes compensation for time served under concurrent or consecutive sentences for other convictions and for injuries sustained during imprisonment, though injured parties may pursue separate claims.
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Requires expungement of arrest records, fingerprints, conviction, and sentence from criminal history upon court finding of wrongful conviction, and must be filed within 3 years of exoneration (5 years for those released before act takes effect).
Legislative Description
Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.
Corrections, prisoners
Last Action
Printed Bill Filed 03/14/2013
3/14/2013