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MI HB4451

Bill

Status

Introduced

3/13/2013

Primary Sponsor

Jon Switalski

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

HB 4451 - Wrongful Imprisonment Compensation Act

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Criminal Justice3/13/2013

Full Bill Text

No bill text available