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MS HB1112
Bill
Status
3/5/2024
Primary Sponsor
Cheikh Taylor
Click for details
AI Summary
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Removes the $500,000 cap on damages for wrongfully convicted and incarcerated individuals, allowing unlimited compensation at $50,000 per year of incarceration.
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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.
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Awards compensation through annual installments of $50,000 or more per year, with the state able to purchase an annuity to satisfy the obligation.
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Provides attorney's fees of 10% for claim preparation, 20% if contested, and 25% if appealed, paid separately and not deducted from claimant compensation.
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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