MS HB1527

Judge shall hear and determine wrongful conviction claims without a jury, with the State of Mississippi represented by the Attorney General's office.

Claimants must prove by preponderance of evidence they did not commit the felony, did not plead guilty, and did not commit perjury or fabricate evidence (with exception for coerced confessions later determined to be false).

Claimants must also prove their conviction was based on a pardon citing innocence, or their conviction was reversed/vacated with charges dismissed or acquittal at new trial.

Court shall award $50,000 per year of incarceration up to a maximum of $500,000, payable in annual installments, plus attorney's fees of 10-25% depending on litigation level, excluded from taxation as income to the claimant.

Claimants may pursue claims under this chapter instead of Mississippi Tort Claims Act but cannot recover under both for the same subject matter; state immunity is waived within the limits prescribed.