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MS HB1112

Bill

Status

Failed

3/5/2024

Primary Sponsor

Cheikh Taylor

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Removes the $500,000 cap on damages for wrongfully convicted and incarcerated individuals, allowing unlimited compensation at $50,000 per year of incarceration.

  • Claimants must prove by preponderance of evidence they were convicted, served their sentence, were later exonerated (through pardon based on innocence, conviction reversal, or acquittal at retrial), and did not commit perjury or fabricate evidence to obtain their conviction.

  • Awards compensation through annual installments of $50,000 or more per year, with the state able to purchase an annuity to satisfy the obligation.

  • Provides attorney's fees of 10% for claim preparation, 20% if contested, and 25% if appealed, paid separately and not deducted from claimant compensation.

  • Exempts awards from civil lawsuit caps and income taxation for claimants, though attorney fees are taxable income to attorneys; takes effect July 1, 2024.

Legislative Description

Wrongful conviction; remove limit on damages when court finds.

Last Action

Died In Committee

3/5/2024

Committee Referrals

Judiciary B2/9/2024

Full Bill Text

No bill text available