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OH HB411
Bill
Status
12/12/2018
Primary Sponsor
William Seitz
Click for details
AI Summary
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Expands wrongful imprisonment eligibility to include individuals convicted of aggravated felonies, felonies, or misdemeanors (previously felonies only), and broadens Brady Rule violations to include cases where convictions were vacated, dismissed, or reversed on appeal.
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Establishes compensation for wrongfully imprisoned individuals at $40,330 per year of imprisonment (adjusted annually), plus reimbursement for fines, court costs, attorney fees, lost wages, and certain detention facility costs.
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Requires court of common pleas to determine wrongful imprisonment status in civil proceedings separate from criminal convictions, with determinations made if procedural errors, Brady violations, or actual innocence is established.
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Limits compensation recovery through deductions for prior awards from Section 1983 civil rights actions and reimbursement requirements if individual later wins related monetary awards or is convicted of related offenses.
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Modifies violation sanction centers to be classified as prisons rather than alternative residential facilities, restricting their use to serving parole/post-release control violations and prohibiting courts from sentencing convicted felony offenders to these centers.
Legislative Description
Modify wrongful imprisonment law
Crimes, Corrections, and Law Enforcement : Crime and Punishment
Last Action
Concurred in Senate amendments
12/13/2018