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MI HB5431
Bill
Status
12/10/2024
Primary Sponsor
Joey Andrews
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AI Summary
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Lowers the standard of proof for wrongful imprisonment compensation claims from "clear and convincing evidence" to "a preponderance of the evidence"
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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
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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
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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
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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