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MI HB5431

Bill

Status

Engrossed

12/10/2024

Primary Sponsor

Joey Andrews

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Origin

House of Representatives

102nd Legislature

AI Summary

  • Lowers the standard of proof for wrongful imprisonment compensation claims from "clear and convincing evidence" to "a preponderance of the evidence"

  • Expands eligibility to include individuals committed to residential mental health facilities in relation to a conviction, and allows trustees or conservators to bring claims on behalf of incompetent individuals

  • Adds new pathways to compensation including when conviction is reversed on grounds of insufficient evidence or when new evidence was presented but relief granted on another basis, in addition to existing grounds

  • Requires prosecuting attorneys to file an appearance within 60 days and answer complaints within 60 days, with discovery delayed until after the attorney general files an answer

  • Adds a new 18-month filing window for individuals who can demonstrate eligibility based on insufficient evidence grounds, extending access to compensation for some previously ineligible claimants

Legislative Description

Civil procedure: remedies; wrongful imprisonment compensation act; modify evidence requirements. Amends secs. 2, 4, 5 & 7 of 2016 PA 343 (MCL 691.1752 et seq.).

Civil procedure: remedies

Last Action

Referred To Committee On Government Operations

12/18/2024

Committee Referrals

Government Operations12/18/2024
Criminal Justice2/7/2024

Full Bill Text

No bill text available