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MI HB4536

Bill

Status

Introduced

4/29/2015

Primary Sponsor

Stephanie Chang

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

HB 4536 - Wrongful Imprisonment Compensation Act

  • Allows individuals wrongfully convicted and imprisoned in Michigan state correctional facilities to sue the state in court of claims for compensation if their conviction was reversed, charges dismissed, or they were acquitted on retrial, and new evidence proves they did not commit the crime.

  • Compensation includes $60,000 per year of imprisonment, economic damages (lost wages, attorney fees, medical expenses), reasonable attorney fees for the action, and reimbursement of amounts the state collected under correctional facility reimbursement laws.

  • Requires plaintiffs to file verified complaints with documentation proving conviction, imprisonment, reversal/vacation of judgment, and new evidence of innocence within 3 years of the reversal or judgment (or within 3 years of the act's effective date for those previously released).

  • Excludes compensation for time imprisoned under concurrent or consecutive sentences for other convictions, and compensation cannot be offset by state expenses for custody or incarceration; compensation is subject to child support obligations and debts owed to state or local government.

  • Requires courts to expunge arrest records, fingerprints, conviction, and sentence information from criminal history when determining wrongful conviction, and mandates notice to victims of assaultive crimes or serious misdemeanors with right to appear and make statements.

Legislative Description

Civil procedure; remedies; wrongful imprisonment for crime; provide compensation for. Creates new act.

State agencies (existing): corrections

Last Action

Referred To Second Reading

6/16/2015

Committee Referrals

Criminal Justice4/29/2015

Full Bill Text

No bill text available