MS SB2886

Circuit court judges shall hear and determine wrongful conviction claims without a jury, rather than with jury participation.

Claimants must prove by preponderance of evidence that they were convicted, subsequently imprisoned, and either received a pardon based on innocence or had their conviction reversed followed by dismissal, nol pros, or acquittal at a new trial.

Coerced confessions later determined to be false do not constitute fabrication of evidence or false statements that would disqualify a claimant from compensation.

Wrongfully convicted individuals receive $50,000 per year of incarceration, paid in annual installments, with a maximum total award of $500,000, plus attorney's fees of 10-25% depending on litigation level.

Award is exempt from caps on civil lawsuits, most taxes, and treatment as gross income, and claimants must choose between this remedy or pursuing claims under the Mississippi Tort Claims Act, but not both for the same subject matter.