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MI SB0291

Bill

Status

Passed

12/28/2016

Primary Sponsor

Steven Bieda

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Origin

Senate

98th Legislature

AI Summary

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

  • Requires plaintiffs to prove by clear and convincing evidence that their conviction was reversed or vacated, charges dismissed or acquitted on retrial, and new evidence demonstrates they did not commit the crime.

  • Awards $50,000 per year of imprisonment (prorated daily for partial years), reimbursement of state correctional facility costs paid by the plaintiff, and reasonable attorney fees not exceeding 10% of the total award or $50,000, whichever is less.

  • Creates a separate Wrongful Imprisonment Compensation Fund in the state treasury to pay awards, with the State Treasurer managing investments and claim payments ordered by courts.

  • Establishes a 3-year statute of limitations for filing claims from the date of the reversal or vacation of conviction, with an 18-month deadline for those released before the act's March 29, 2017 effective date.

Legislative Description

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

State agencies (existing): corrections

Last Action

Assigned Pa 0343'16

12/28/2016

Committee Referrals

Criminal Justice7/13/2016
Judiciary7/1/2015
Appropriations4/23/2015

Full Bill Text

No bill text available