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MI SB0997
Bill
Status
9/11/2024
Primary Sponsor
Stephanie Chang
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AI Summary
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Reduces the standard of proof for wrongful imprisonment claims from "clear and convincing evidence" to "preponderance of the evidence" (Section 5)
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Expands eligibility to include individuals committed to residential mental health facilities in relation to convictions, and allows claims based on gubernatorial pardons for actual innocence or insufficient evidence reversals (Section 5)
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Modifies the definition of "new evidence" to reference evidence not presented "to a trier of fact during a proceeding that determined guilt" rather than "in the proceedings leading to plaintiff's conviction" (Section 2)
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Adds provisions allowing trustees or conservators to bring claims on behalf of incompetent individuals and establishes a 60-day answer period for prosecutors with opportunity for extensions (Sections 2 and 4)
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Creates a new claim pathway allowing individuals to file within 18 months if they qualify based on reversal or vacation due to insufficient evidence, regardless of other time limitations (Section 7)
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 Of The Whole
11/26/2024